State California Regulations TITLE 23. WATERS DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND REGIONAL WATER QUALITY CONTROL BOARDS database is current through 09/29/06, Register 2006, No. 39 s 640. Definitions. (a) "Board" when used in this chapter and chapter 1.5, unless otherwise 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. s 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 Water Code. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 185 and 1058, Water Code. s 641.1. Use and Effect. Note: Authority and reference cited: Section 1058, Water Code. Note: Authority and reference cited: Section 1058, Water Code. Note: Authority cited: Section 1058, Water Code. Reference: Section 11125, Government Code. s 644. State Board Membership. Pursuant to Water Code Section 13388, no person shall be 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. Reference: Section 11125, Government Code. s 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), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(i), (ii), (iii), (iv) and (c)(2). s 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 percent 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, pension or similar arrangement. Note: Authority cited: Sections 1058, 13370 and 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)(1)(ii). s 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 government including the University of California and the State University and Colleges. Note: Authority cited: Sections 1058, 13370 and 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)(1)(iii). s 644.4. Income. The word "income" includes, but is not limited to, retirement benefits, consultant fees, and stock dividends. Note: Authority cited: Sections 1058, 13370 and 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)(1)(iv). s 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, 13370 and 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)(2). s 644.6. Board Member's Statement of Employment. By July 15, 1975, and by April 30 of each year thereafter, each member of the State Board and each member of a Regional Water Quality Control Board shall file with the Executive Director of the State Board a statement 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 11125, Government Code, Section 13388, Water Code. Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code. s 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 requirements of Article 9 (commencing with Section 11120), 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 specified, 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 11120, et seq., Government Code. s 647.1. Scheduling. State and Regional Boards shall meet at least six times a year. Additional meetings may be held at any time. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code. s 647.2. Notice and Agenda Requirements. (a) Purpose. Government Code Section 11125 requires state agencies to provide notice at least one week in advance of any meeting to any person 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 11125 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 unforeseen 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 resources 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 consideration 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 designated "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 approved as a separate agenda item. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11125, Government Code. s 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 considered. 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 necessary for the orderly conduct of business. The provisions of this section are limited to meetings and shall not apply to adjudicatory hearings as defined and provided for in Article 2. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code. s 647.4. Recording of Meetings. (a) State and Regional Board public meetings shall be recorded by stenographic reporter or electronic recording or both. Such recordings 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 proceedings, whichever is later. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code. s 647.5. Minutes of Meetings. (a) The State and Regional Boards shall keep minutes of their meetings. (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 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code. s 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 provided, 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 section 11400 of the Government Code), sections 801-805 of the Evidence Code, and section 11513 of the Government Code. (c) Portions of Administrative Procedure Act Not Applicable. The following articles and sections of chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 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 language assistance shall apply to an adjudicative proceeding pursuant to Article 6 [commencing with section 25299.50] of Chapter 6.75 of Division 20 of the Health and Safety Code) Article 13. Emergency Decision Article 14. Declaratory Decision Article 16. Administrative Adjudication Code of Ethics Except as provided in subdivision (b) of this section, chapter 5 of the Administrative Procedure Act (commencing with section 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 presentation of argument, so long as those requirements are not mandated by state or federal statute or by the state or federal constitutions. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code. s 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 other persons who are designated as parties in accordance with the procedure specified in the hearing notice. (c) Persons who fail to comply with the procedural requirements specified 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 presentation of policy statements or comments, either orally or in writing, by interested persons who are not participating as parties in the proceeding. Persons presenting nonevidentiary policy statements will not be subject to cross-examination but may be asked to respond to clarifying questions 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 established 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 notice 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 statements applies to persons who address the Board or a subcommittee of the Board at a meeting subject to the Bagley-Keene Open Meeting Act (article 9 [commencing with section 11110] of chapter 1 of article 1 of division 3 of title 2 of the Government Code), the requirement should be included 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. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263, and 13378, Water Code. s 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 technical or scientific matter within the Board's field of expertise, provided parties appearing at the hearing shall be informed of the matters to be noticed. The Board or presiding officer shall specify the matters of which official notice is to be taken. Parties shall be given a reasonable opportunity 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. s 648.3. Evidence by Reference. Public records of the Board that are relevant to the subject of the hearing, and books, reports, and other evidence that have been prepared and published by a public agency, if otherwise admissible, may in the discretion 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 particular portions on which the party relies. Each exhibit shall be appropriately identified 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. s 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 introduction 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 parties designated by the Board in accordance with provisions of the hearing notice or other written 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, nontechnical photographs generally will not be required to be submitted prior to the hearing. (d) Any witness providing written testimony shall appear at the hearing and affirm that the written testimony is true and correct. Written testimony 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 severe hardship. (f) Rebuttal testimony generally will not be required to be submitted in writing, nor will rebuttal testimony and exhibits be required to be submitted prior to the start of the hearing. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code. s 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 securing 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 chairperson 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 hearing; (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 appearing at the hearing may be allowed to present a closing statement. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11126, Government Code. s 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 Government Code section 11513. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code. s 648.6. Alternative Dispute Resolution. Pursuant to article 5, commencing with section 11420.10, 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 nonbinding 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, Water Code. s 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 pursuant to the informal hearing procedures set forth in article 10, commencing with section 11445.20, of chapter 4.5 of the Administrative Procedure Act. Among the factors that should be considered in making this determination 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 presiding 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 timely objection by the person to whom agency action is directed unless an informal hearing is authorized under subdivision (a), (b), or (d) of section 11445.20 of the Government Code. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code. s 648.8. Enforcement Orders and Sanctions. (a) The presiding officer or Board shall have the power to impose sanctions as specified in Sections 11455.10 and 11455.30 of the Government Code. (b) If the Board cites a person for contempt for any of the actions listed in Section 11455.10 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 Section 11455.30 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 citation for contempt issued pursuant to Section 11455.10 of the Government Code or an order for payment of costs issued pursuant to Section 11455.30 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 10 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 11120] 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 11455.10 of the Government Code occurred, 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 11455.30 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 10 days of entry of the citation or order, then the citation or order is final and subject to enforcement pursuant to Sections 11455.20 and 11455.30 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. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code. s 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 future 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 policies, reports, orders plans, or findings. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code. s 649.1. Rulemaking Proceedings. Proceedings to adopt regulations, including notice thereof, shall, as a minimum requirement, comply with all applicable requirements established by the Legislature (Government Code Section 11340, 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 11340 et seq., Government Code. s 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 11340 et seq., Government Code. s 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 183, Water Code, and Sections 11340 et seq., Government Code. s 649.4. Prepared Written Evidence. The State or Regional Board may require that prepared written testimony or other evidence be submitted 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 11340 et seq., Government Code. s 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 appropriate 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 writing, 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 11340 et seq., Government Code. s 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 proceeding and for production of documents at any reasonable time and place or at a hearing. (b) Article 11 (commencing with section 11450.05) and article 12 (commencing with section 11455.10) of chapter 4.5 of part 1 of division 3 of title 2 of the Government Code shall apply to the issuance of a subpoena or subpoena duces tecum in an adjudicative proceeding. The Board may also compel attendance, testimony, or the production of evidence 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 required to attend an adjudicative proceeding pursuant to article 11 (commencing with section 11450.05) of chapter 4.5 of part 1 of division 3 of title 2 of the Government Code. (d) Article 5 (commencing with section 1105) 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 11450.50 of the Government Code. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 1080 and 13221, Water Code. s 650. Application for Water. Any person who wishes to appropriate unappropriated water pursuant to Water Code Section 1202 shall file an application and comply with the provisions of the subchapter. Note: Authority cited: Section 1058 and 1252, Water Code. Reference: Sections 1200, 1260 and 1375, Water Code. s 651. Policy. In acting on applications, petitions for changes, and petitions for extensions of time where reclaimed water is available or water can be reused or reclaimed, the amount of water specified in the application or permit 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 275, 461, 1253 and 1257, Water Code. s 652. Application Must Be Accompanied by Minimum Filing Fee. s 652.5. Application Fees for Small Hydroelectric Projects. Note: Authority cited: Section 1058, Water Code. Reference: Section 1525.5, Water Code. s 653. Applications for Water Where an Existing Right Is Claimed. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 1201, 1202, 1253, 1255 and 1375, Water Code. s 654. Documents That Must Be Sworn To. Note: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, Water Code. s 654.4. Policy. Note: Authority cited: Section 1058, Water Code. Reference: Section 275, Chapter 2.5, Division 1 and Part 2, Division 2, Water Code. s 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 entitled "Supplement to Application" when: (a) The purpose of use is municipal, industrial, mining, power, temperature control or any other use that is not listed in paragraph 5 of the application; 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 21160, Public Resources Code. s 656. Complete and Incomplete Applications. (a)Complete Application.An application shall be considered complete 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 conform 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 pursuant to Section 1270 of the Water Code. See Section 675 regarding substantial compliance. Note: Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: Sections 1270 and 1525, Water Code; and Sections 65940, 65941 and 65943, Government Code. s 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 licensing purposes, refill, in whole or in part, held in a tank or reservoir for less than 30 days shall be considered regulation of water. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1240, 1250, 1253 and 1260, Water Code. s 657.1. Recreational Reservoirs for Subdivisions. Note: Authority cited: Section 1058, Water Code. Reference: Part 2 (commencing with Section 1200) of Division 2, Water Code. s 657.2. Stockwatering Reservoirs. Note: Authority cited: Section 1058, Water Code. Reference: Part 2 (commencing with Section 1200) of Division 2, Water Code. s 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). s 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: Sections 1058 and 1252, Water Code. Reference: Section 1240, Water Code. s 660. Domestic Uses. Domestic use means the use of water in homes, resorts, motels, organization 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. s 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. s 662. Power Use. Power use means the use of water for hydroelectric and hydromechanical power. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1260 and 1263, Water Code. s 662.5. Frost Protection Use. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 1253, Water Code. s 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. s 664. Mining Use. Mining use means any use of water is for mining processes such as hydraulicing, drilling, and on concentrator tables. Note: Authority cited: Section 1058, Water Code. Reference: Section 1260 and 1265, Water Code. s 665. Industrial Use. Industrial use means the use of water for the purposes, not more specifically defined herein, of commerce, trade or industry. Note: Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code. s 666. Fish and Wildlife Preservation and Enhancement Use. For purposes of specifying a beneficial use in an application to appropriate unappropriated water, fish and wildlife preservation and enhancement use means using water to maintain or provide habitat or other benefit for fish 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 enhancement 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); Fullerton v. State Water Resources Control Board, 90 Cal.App.3d 590; 153 Cal.Rptr. 518 (1979); and Sections 1243 and 1260, Water Code. s 667. Aquaculture Use. Aquaculture use means the use of water for raising fish or other organisms 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, Water Code. s 667.5. Fish and Wildlife Protection and Enhancement. Note: Authority cited: Section 1058, Water Code. s 668. Recreational Use. Recreational use means the use of water for resorts or other recreational establishments, boating, swimming, and fishing, and may include water 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: Sections 1243 and 1260, Water Code. s 668.5. Water Quality Use. Note: Authority cited: Section 1058, Water Code. s 669. Stockwatering Use. Stockwatering use means the use of water for commercial livestock. Note: Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code. s 669.5. Name and Address of Applicant. s 670. Water Quality Use. Water quality use includes appropriation of water by storage to be released for the purpose of protecting or enhancing the quality of other waters which are put to beneficial uses. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1242.5 and 1260, Water Code. s 670.5. Supplement to Application May Be Required. s 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. s 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. s 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 temperatures. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 1260, Water Code. s 673. General Requirements. s 674. Requirements for Irrigation Purposes. s 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 requirements. 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. s 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 application 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. s 677. Application Fees for Small Hydroelectric Projects. Note: Authority cited: Section 1058, Water Code. Reference: Section 1525.5, Water Code. s 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 determination, 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: Section 1270, Water Code; Section 65943, Government Code. s 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 incomplete 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 further 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 board, the application may be cancelled without further notice. Note: Authority cited: Section 1058, Water Code. Reference: Section 1270 and 1271, Water Code. s 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 information 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. s 681. Time to Complete and Extensions Thereof. Upon receipt of a request for an extension of time to complete an application, if good cause is shown the board will grant such time as appears reasonably necessary, Good cause requires a satisfactory showing 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 obstacles which could not reasonably be avoided. Lack of finances, occupation 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1270 and 1271, Water Code. s 682. Additional Information. After an application has 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. Note: Authority cited: Section 1058, Water Code. Reference: Section 65944, Government Code. s 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 rendering 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 Public Resources Code Section 21000 et seq. (b) Failure by an applicant to comply with a written request for information 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 65944 and 65956(b), Government Code; and Section 1255, Water Code. s 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 Section 1250.5 (for a project which proposes the development of a small hydroelectric 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 after 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 circumstances because of changes in the project or in the circumstances of affected 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1300, 1310 and 1320, Water Code. s 685. Effect of Issuance of Notice. Issuance of a notice of application shall not be construed as a final determination that the application is complete in all details. Note: Authority cited: Section 1058, Water Code. Reference: Sections 65941, 65943 and 65944, Government Code; and Section 1270, Water Code. s 686. Separate Applications for Consumptive and Nonconsumptive Uses. Separate applications shall be filed for consumptive and nonconsumptive uses except that an application for either consumptive or nonconsumptive purposes may include water for strictly incidental domestic, power, industrial, stockwatering, recreational, fish and wildlife enhancement, or water quality uses. For the purpose of this section, nonconsumptive use is one which returns substantially all of the water to a surface stream 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 incidental uses may be given at the board's discretion, in accordance with Section 795, Article 15 of this subchapter. Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code. s 687. Separate Application for Each Diversion. When water is to be diverted at two or more places, a separate application shall be filed for each, except that one application will be accepted when: (a) Successive diversions are made of water from the same stream system 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 diversions 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: Section 1058, Water Code. Reference: Section 1252, Water Code. s 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 operation of a common system for direct diversion of water (not proposing the use of water stored in a reservoir) but will use water on separately owned parcels. Such applications may be filed simultaneously and thereby establish an equal priority, either by personal delivery of the applications or by forwarding them in the same envelope. Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code. s 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. Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code. s 690. Application by an Agency Representing Users Within a Combined Place of Use. An application by an agency proposing to serve water to several separately owned parcels of land will be accepted when that agency is competent 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 1252, Water Cod. s 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. Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, 1260 and 1775, Water Code. s 692. Definitions. Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code. s 692.3. Determination of Completeness. Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code. s 692.5. Additional Information. Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code. s 692.7. Supplemental Information. Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code. s 693. Statement of Reasons and Request for Time to Complete. s 694. Time to Complete and Extensions Thereof. s 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 Section 731.) Note: Authority cited: Section 1058, Water Code. Reference: Sections 1202 and 1375, Water Code. s 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 conveyance 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. s 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 water and a heavy transportation loss, or the land to be irrigated is of a porous, sandy or gavelly character a continuous flow allowance of one cubic 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 irrigation 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, depending upon the character of the place of use, method of use, character of use and availability of water. The quantities considered reasonable for the respective 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 goats 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 barn 35 gallons per day per head Note: Authority cited: Section 1058, Water Code. Reference: Section 275, 1240 and 1252, Water Code. s 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 additional water will be required of the applicant. Note: Authority cited: Sections 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Section 275, Water Code. s 698.5. Separate Application for Frost Protection. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 1253, Water Code. s 699. Limitation upon Application and Right Obtained. Neither the amount of water applied for, not the season of diversion, 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 1058, Water Code. Reference: Section 1450, Water Code. s 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 water is available, provided the applicant first supplies to the board reasonable 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, Water Code. s 701. Application by an Agency Representing a Combined Use. s 702. Joint Applications. s 703. Joint Ownership of Places of Use. s 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. Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code. s 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 marked "Supplement." The data included should be segregated into paragraphs 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 accompanying letter which will be filed and made a part of the record. Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code. s 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 concerning 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 11058, Water Code. Reference: Sections 1252 and 122.5, Water Code. s 708. Supplement to Application May Be Required. When directed by the board, the applicant shall supplement the application 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. s 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 quantification, 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; recreational demand; cultural resources; aesthetic values; specially designated or protected species, habitats, areas, or stream sections; and landuse 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. (b) The board shall develop a mailing 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 Water Code Section 1450) so that applicants may contact the parties 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. The entire Instream Beneficial Use Assessment Form for Small Hydroelectric Facilities, adopted by the board in June 1983 is incorporated 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 consulted. (2) Following consultation with resources management agencies and other interested parties, the applicant should develop a written 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 agencies and other interested and concerned parties to discuss information 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 rolling on or near the bottom of the stream. (B) "Bank-full capacity" refers to the rate of water flow that completely 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 effective or dominate channel-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) "Critical 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 water 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 return. This area also includes stream influenced wetlands, including but not limited to wet meadows, marshes, swamps and overflow areas. (G) "Deposition" refers to the laying down of material by erosion or transport by water. (H) "Ecosystem" refers to a complex system composed of a community of fauna and flora taking into account the chemical and physical environment with which the system is interrelated. (I) "Erosion" refers to a group of processes whereby earth or rock material is worn away, loosened or dissolved and removed from any part of the earth's surface. It includes the process of weathering, solution, corrosion 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 determined 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 organism lives. (N) "Habitat, migration" refers to that area which individuals periodically 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 difficulty 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 generally fit into one of the following classifications, but if the water temperature 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 channels 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 navigability. Nearly impossible and very dangerous. For teams of experts only, after close study and with all precautions taken. (R) "Key species" refers to the species of concern in any given circumstances. (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 produced 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 dependence on the combination of soil moisture and other environmental factors provided by a permanent or intermittent stream. (Z) "Sediment transfer" refers to the quantity 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 qualitative 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 existing 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 pattern, 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 turbulent 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 passing through water is reduced due to suspended materials. Excessive turbidity may interfere with light penetration and minimize photosynthesis, thereby causing a decrease in primary productivity. It may interfere directly with essential physiological functions of fish and other aquatic organisms, making it difficult for fish to locate a good food source, and altering water temperature. (d) An instream beneficial use assessment shall be considered adequate 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, properly executed, and has fully and adequately provided the information required 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 project, the Resources Agency Library, and Division of Water Rights headquarters. 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 Division of Water Rights. (e) Upon receipt of an instream beneficial use assessment, the division shall, within 90 calendar days, determine whether the assessment is adequate, taking into account the written scope of work, the discussion at the scoping session, if one is held, comments from other agencies and interested parties, and whether the assessment has met procedural requirements. Board approval of the adequacy of the assessment does not constitute endorsement of the assessment's preliminary findings on streamflow regime. (f) 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 assessment is inadequate, it shall, in writing, inform the applicant of that determination, 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 (beginning 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 beneficial 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 cannot 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 required 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 determination any person may petition the board in writing to resolve the matter. Within 30 days following receipt of the petition, 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and 1250.5, Water Code; and Section 21069, Public Resources Code. s 710. Signature of Applicant. The application and all other writings 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 authorized agent. The presumption 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. s 711. Documents That Must Be Sworn To. Applications and accompanying statements, including information required 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. s 712. Issuance of Notice by Board. s 713. Effect of Issuance of Notice. s 714. Application for Permit to Appropriate Water from Wild and Scenic Rivers. s 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 11 inches shall be filed in connection with each application. This map shall be neatly and accurately drawn and should show the source from which water 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, section and township if the area is sectionalized. If the area is not sectionized the nearest lines of the public land survey to 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 relation 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 corner 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 two known streams; or (3) co-ordinates and zone of the California Co-ordinate System. (d) The place of use shall be identified by reference to 40-acre subdivision, 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 except as otherwise provided in Section 719. If described by reference to some other recorded survey, the lines of the public land survey, or projection thereof, should be shown. The 40-acre subdivisions of the public land survey will be assumed regular unless it be shown otherwise. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code. s 716. Maps for Minor Projects. For minor projects smaller than those specified in Section 717, the board 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code. s 717. 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 of ten 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 requirements 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 surveyor. 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 supervision; indicate the source of the information shown thereon, including the dates of actual surveys if such were made; certify that it correctly represents the works described in the accompanying application, the location of streams and ditches in the immediate vicinity, and the acreage to be irrigated; be concluded by the date, signature, and California certificate number of the engineer or surveyor. The following example is a typical certificate: CERTIFICATE OF ENGINEER (SURVEYOR) I, John Doe, of 100 Main Street, Sacramento, California, do hereby certify that this map was prepared by me from notes taken during an actual survey made by me (or under my immediate supervision) on _______________________, 20___, (and/or from U.S. Geological Survey 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 immediate 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 elevation thereof, and include an area-capacity curve or table. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code. s 718. Requirements for Municipal Purposes. Maps accompanying applications for municipal purposes shall show the location of the place of use by outer boundaries. Sections and townships of the public land survey or projections shall be superimposed upon the map. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code. s 719. Requirements for Irrigation Purposes. Where irrigation is proposed by a public district organized under statute, 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 proposed, the board may, in its discretion, waive compliance with the provisions 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. s 719.5. Claim of Right Without Compliance with Statutory Procedure. s 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 penstock on which appears in figures, the elevation of the nozzle if an impulse 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 elevations must equal the total fall to be utilized. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260, 1261 and 1531, Water Code. s 721. Requirements for Mining Purposes. Maps accompanying applications 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code. s 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 underground storage, and the place of use. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code. s 722.5. Abandonment of Protest. Note: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, Water Code. s 723. Requirements for Other Purposes. (a) Maps for applications for industrial purposes outside of a municipality 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 subdivisions, 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. s 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. s 725. Deferral of CEQA Documents. Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code. s 728. Board May Conduct -Co-Operation by Parties. s 729. Benefits and Detriments; Alternative Projects. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code. s 730. Adding Power Plants to Existing Works. (a) Persons having a permit or license 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 with 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: Sections 106.7, 110, 1200, 1250.5, 1252, 1490 and 1491, Water Code. s 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 determined. Any permit or license issued by the board pursuant to such an application shall contain a condition which will limit the quantity of water 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 together with the priority asserted. If the existing 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 its 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 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 water right for the same place of use shall contain a term requiring the permittee 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 enforcement action by the board for violation of this permit term if the permittee or licensee takes water for there is no entitlement under the existing right in combination with the permit or license. (f) Any person who has previously obtained a permit or license containing 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 subsections (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. s 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 established. (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 established. (c) Jurisdiction of Public Utilities Commission. The board may require sufficient information to indicate whether a proposed distribution of water 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. s 733. Underground Storage. Applications proposing underground storage shall include the following 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 channel. 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 headworks, 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 measurement of the water diverted to and withdrawn from underground storage. (c) In event an application proposes both surface diversion and underground 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. s 733.5. Witnesses and Exhibits. Note: Authority cited: Section 185 and 1058, Water Code. Reference: Sections 183 and 1051, Water Code. s 734. Applications Within the California Wild and Scenic Rivers System. (a) No application which proposes an appropriation of water in connection with construction of a dam, reservoir, or other water impoundment 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 Public 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 connection with construction of a water diversion facility on any river designated in Public Resources Code Section 5093.54, other than a dam, reservoir, 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 counties through which the river flows, and (2) that such facility will not adversely affect its free-flowing condition or natural character. Such determination shall be in addition to other findings which the board is required by law to make. Note: Authority cited: Section 1058, Water Code. Reference: Sections 5093.55, 5093.56 and 5093.61, Public Resources Code; and Section 1252, Water Code. s 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 instantaneous 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 infringements upon other rights. Therefore, all diversions of water from the stream system between March 15 and May 15 determined to be significant by the board or a court of competent jurisdiction shall be considered unreasonably and a violation of Water Code Section 100 unless controlled by a watermaster administering a board or court approved distribution program. Diversions for frost protection and irrigation during this period shall be restricted to: (1) replenishment of reservoirs filled prior to March 15 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 15 to replenish water stored in reservoirs prior to the frost season is "regulation," as defined in Article 2, Section 657: Replenishment 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. s 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 particular form. (b) Petitions for assignment must be submitted in duplicate and, if the application is not complete, must include a proposed completed application 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 accepted 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. s 736.1. Hearings in Response to Drought Emergency Conditions. Note: Authority cited: Section 1058, Water Code. Reference: Section 275 and Division 2, Water Code. s 737. Time of Filing Petitions. Two or more petitions for assignment o 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. s 737.1. Reconsideration of Board Decisions and Orders. s 737.2. Petition for Reconsideration. s 737.4. Board Action. s 737.5. Procedure Relating to Hearings. s 738. Protests to Petitions. Protests to either a petition for assignment or release from priority or to a proposed completed application must be submitted within the time stated in the notice issued by the board or such further time as may be allowed for cause by the board. Note: Additional authority cited: Section 1058, Water Code. Reference: Section 10504.01, Water Code. s 738.5. Nature of Action. s 739. Hearings of Petitions for Release from Priority. Whenever practicable, the hearing of a petition for release from priority 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. s 740. Maps and Data Required. s 741. Notice of Petition. s 742. Procedure on Petitions. s 743. Changes Prior to Notice of an Application. s 744. Changes to Cover Incidental Uses of a Reservoir. s 745. Protest Requirements. Protests shall be submitted in writing with a duplicate copy to the applicant and shall substantially comply with the following requirements. (a) Each protest shall include the name 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 supporting the allegation. (d) Protestant should call attention to any amendment of the application 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, 189 Cal.Rptr. 346, 658 P.2d 709 (1983). s 746. Claim of Right Without Compliance with Statutory Procedure. A protest based upon a claim of interference with an alleged appropriative 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1330 and 1331, Water Code; and People v. Shirokow, 26 Cal.3d 301, 162 Cal.Rptr. 30, 605 P.2d 859 (1980). s 747. Time for Filing. Protests shall be filed within the time stated in the notice of the application or such further time as may, for good cause, be allowed by the board. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1331 and 1331, Water Code. s 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. s 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 upstream water user can take water before it reaches a downstream applicant, 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 1304 and 1331, Water Code. s 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, direct the protestant to respond. Failure to respond to such direction within 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1304, 1331, 1331, 1340, 1341, 1342, 1351 and 1352, Water Code. s 751. Answers to Protests. The applicant should file an answer to each protest. To facilitate resolution 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. s 752. Content of Answers. If the applicant files an answer to a protest, the answer shall be responsive 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. s 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 accompanied by a showing of diligent good faith efforts to reach an agreement between the parties with reasonable prospects of success. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1220 and 1331, Water Code. s 754. Establishment of Relationship. s 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 representatives 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 21100, Public Resources Code. s 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 environmental factors, 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 environmental. 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 downstream 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 evaluation provided for by this section. The board will use the environmental documents prepared for the project and evidence received in any proceeding relative to the application 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 notice 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 13240, Water Code. s 757. Filing for Service of a Subdivision (Leasing). s 760. Hearings on Water Right Applications and Other Water Right Matters. Adjudicative hearings on water right applications and other water right matters shall be conducted in accordance with the procedures set forth in article 2 of chapter 1.5 of this division. Nothing in this section shall limit the Board's authority to conduct nonadjudicative informational 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. s 761. Procedure at Hearings. Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1251 and 1353, Water Code. s 762. Witnesses and Exhibits. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183 and 1051, Water Code. s 762.5. Passage of Water for Fish. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code. s 763. Subpoenas. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 1080, 1082, 1083, 1084, 1085, 1086 and 1090, Water Code. s 763.5. Release of Stored Water. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code. s 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 requirements of Part 2 (commencing with Section 1200) of Division 2 of the Water Code. Note: Authority cited: Section 1058, Water Code. Reference: Sections 179, 179.6 and 183, Water Code. s 764.5. Investigation of Complaints. s 764.6. Action by the Board. s 764.7. Action on the Board's Own Motion. s 764.8. Licenses. s 764.9. Policy. Note: Authority cited: Section 1058, Water Code. Reference: Section 275, Chapter 2.5, Division 1 and Part 2, Division 2, Water Code. s 764.10. Investigations. Note: Authority cited: Section 1058, Water Code. s 764.11. Notifications and Orders. s 764.12. Noncompliance with Order: Revocation of Entitlement. s 764.13. Noncompliance with Order: Enforcement by Attorney General. s 764.14. Alternative Procedure. The procedures established in this article shall be construed as alternative 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. s 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. s 765. Hearings to Be Held Promptly. Protested applications will be heard as promptly as practicable in light of all the circumstances. Requests for inordinate 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. s 766. Failure to Appear -Effect. Any party who fails to appear at a hearing will not be entitled to a further 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 abandonment of interest in the application. Note: Authority cited: Section 1058, Water Code. Reference: Sections 183 and 1352, Water Code. s 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 response to drought emergency conditions at least seven days prior to the hearing. The provisions of Section 648.4 of Article 2, relating to submitting 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 issues 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 implemented in the area being served; and (3) availability 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. s 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 or license affected 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 discretion, 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 diligence, could not have been produced; (d) Error in law. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1357 and 1358, Water Code. s 769. Petition for Reconsideration. (a) Any petition for reconsideration of a decision or order shall be submitted in writing and shall contain the following: (1) Name and address of the petitioner. (2) The specific board action of which petitioner requests reconsideration. (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 materials have been sent to all interested parties. (b) If reconsideration is requested based in whole or in part on Section 768, 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 general 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 authorities in support of legal issues raised in the petition. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1357, 1358 and 1359, Water Code. s 770. Board Action. (a) The board may: (1) Refuse to reconsider the decision or order if the 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 appropriate 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 hearing for the purpose of oral argument or receipt of additional evidence or both. Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1357, 1358 and 1359, Water Code. s 771. Procedure Relating to Hearings. The provisions of Article 11 of the subchapter insofar as they are applicable shall govern hearings under this article. Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1080, 1357, 1358 and 1359, Water Code. s 772. Issuance of Separate Permits and Licenses. s 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, provided there is no denial. When the owner will not consent, the board may require satisfactory evidence of the applicant's ability through condemnation 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. s 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. s 776.5. Requests for Extension of Time Under Permit. s 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 consummation of the proposed appropriation 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 jurisdiction; provided that the board may temporarily defer action on an application pending judicial determination of applicant's title or right to occupy or use property when in the board's judgment such action is justified. Note: Authority cited: Section 1058, Water Code. Reference: Section 1250, Water Code. s 778. Request for Extension of Time Under Permits. s 778.5. Notice of Petitions and Protests. s 779. Cause for Extension of Time. s 780. Standard Permit Terms. The board maintains a list of Standard Permit Terms, applicable portions 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 included in every water right permit issued by the board, and shall be included 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 100 and 275 and the common law public trust doctrine, all rights and privileges under this permit and under any license issued pursuant thereto, including method of diversion, method of use, and quantity of water diverted, are subject to the continuing authority of the State Water Resources Control Board in accordance with law and in the interest of the public welfare to protect public trust uses and to prevent waste, unreasonable use, unreasonable method of use or unreasonable method of diversion 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. Permittee may be required to implement a water conservation plan, features of which may include but not necessarily be limited to: (1) reusing or reclaiming 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) suppressing evaporation losses from water surfaces; (5) controlling phreatophytic growth; and (6) to installing, maintaining, and operating efficient water measuring devices to assure compliance with the quantity limitations of this permit and to determine accurately water use as against reasonable 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 requirements 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 water by the permittee in order to protect public trust uses. No action will be taken pursuant to this paragraph unless the board determines, after notice 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 quality control plans which have been or hereafter may be established or modified 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 respect to all waste discharges which have any substantial effect upon water quality in the area involved, and (2) the water quality objectives cannot 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 conditions 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 106, 275, 1243.5, 1250, 1252, 1253, 1391, 1394, and Division 7, Water Code; National Audubon Society v. Superior Court of Alpine County 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983); and Section 2, Article X, California Constitution. s 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 during 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, Water Code. s 782. Passage of Water for Fish. In compliance with Section 5937 of the Fish and Game Code, all permits for diversion of water from a stream by means of a dam which do not contain a more specific provision for the protection of fish shall require 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 impracticable 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 reservoir. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1390 and 1394, Water Code. s 783. Waste Discharge Requirements. When the permittee is or will be required to file a report of waste discharge 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 Regional Water Quality Control Board, ________________ Region, pursuant to Water Code Section 13260, 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 requirements prescribed by the regional board or state board are being met. No discharges of waste to surface water shall be made unless waste discharge requirements are issued by a regional board or the state board. A discharge to groundwater without issuance of a waste discharge requirement may be allowed if after filing the report pursuant to Section 13260: (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 pursuant to Section 13260 of the Water Code for percolation to the groundwater of water resulting from the irrigation of crops. s 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 requirement is reasonable under Article X, Section 2 of the California Constitution. (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 appropriated by such permit unless the permittee agrees to such bypass or release or unless the board at the time the permit was issued expressly reserved jurisdiction to require such bypass or release. This subsection shall not apply to the continuing authority of the board to regulate appropriations 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 Section 11460) 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 1243; (2) whether such releases are necessary to maintain or enhance beneficial uses or to meet water quality objectives in the relevant water quality control 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 determined by the board to be equitable after considering and balancing the effect of reduced quantity upon downstream conditions and upon permittee's project. Note: Authority cited: Section 1058, Water Code. Reference: Section 100, 174, 275, 2142.5, 1253, 1256, 1257, 1258, 1391, 13000, 13001, 13050, 13140, 13141, 13142, 13170 and 13240, 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). s 785. Surface Diversion or Storage. s 786. Underground Storage. s 790. Revocation Hearings. s 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 purpose 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 1740, the board may approve 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 seq. as would be required for a temporary, long-term, or permanent change under 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, 16.5 and 17 shall be followed 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 described in this section the board does not accept the petition for filing, the board shall refund the petition filing fee, minus the $250 non-refundable initial review fee. (g) The board may cancel a petition 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. s 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 application 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 1740 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 attached 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 quantities of current and new or temporary beneficial uses of water, (4) designate 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 Section 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. s 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. s 794. Petition Information and Map Requirements. (a) A petition for change(s) submitted by a permittee or licensee, or submitted pursuant to Water Code Section 1740 by a holder of a water right determined under Water Code Section 2500 et seq. after January 1, 1981 shall identify the amount(s) and holder(s) of the right(s) involved and shall include the following information and map(s): (1) The amount(s) of water which would have been diverted, consumptively used, or stored under the water right in the absence of the proposed 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 existing and the proposed purpose(s) of use of water; (4) The existing and the proposed point(s) of diversion and rediversion, and the existing and proposed location(s) of any return flow; (5) The existing and the proposed place(s) of use of the water for various purposes of use; (6) The existing 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 identifying 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 identification in quantitative terms of any projected change in water quantity, water quality, timing of diversion or use, consumptive use of the water, reduction in return flows, or reduction in the availability of water within the streams affected by the proposed change(s); (10) The parties involved in the proposed change, transfer or exchange; (11) Map(s) prepared in accordance with Article 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 irrigation may be listed as net acreage(s) within gross area(s) shown on a map submitted with the petition. (b) Water right holders proposing a change in point of diversion, place of use or purpose of use shall provide preliminary information and map(s) required by subdivision (a) to, and shall request consultation with, the Department of Fish and Game and the appropriate Regional Water Quality Control Board regarding the potential effects of the proposed change(s) on water quality, fish, wildlife, and other instream beneficial uses. (c) Before approval of a change petition, any water right holder petitioning 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 consultation required by subsection (b). (d) The petition for change(s) will not be accepted for filing unless it contains all of the information 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. s 795. Notice of Change Petitions. (a) After a petition has been filed for change(s) in point of diversion, place of use, or purpose of use, the petitioner shall cause notice to be given or published if and as required by the board. The board's notice requirements 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 potential 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, include the following: (1) Petition for a change in point of diversion which does not 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; (3) Petition for a change in purpose of which would add clearly incidental 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; non-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, comment, 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. s 796. Protest Procedure on Change Petitions. The provisions of Articles 9, 10, and 11, insofar as they are applicable, shall govern protests, answers to protests, investigations, and hearings of petitions for change(s) under Articles 15 and 17, including minor protested petitions for change. The procedures for notification of and objection 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 respectively. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1438, 1703, 1704, 1704.1, 1704.2, 1704.3, 1725, 1736 and 1740, Water Code. s 797. Changes Prior to Notice of an Application. Note: Authority cited: Section 1058, Water Code. Reference: Section 1701, Water Code. s 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 corrections. The board may make such corrections at any time such omissions are discovered. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1700, 1701 and 1702, Water Code. s 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 beneficial use when the water can be used for the generation of power without changing the streamflow regime. The criteria that shall be considered in determining whether there would be a change in the streamflow 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 of watercourse 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. s 800. Temporary Changes. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1726 and 1727, Water Code. s 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, Water Code. s 802. Map Requirements. Note: Authority cited: Section 1058, Water Code. Reference: Section 1726, Water Code. s 803. Action by the Board Regarding Temporary Changes. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1725 and 1727, Water Code. s 804. Public Notice and Objections to Proposed Temporary Changes. (a) Within ten days after the receipt of a petition meeting the requirements 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). (b) Any interested person may file an objection to the proposed change(s) with the board not later than 15 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 proposed 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, Water Code. Reference: Sections 1725, 1726 and 1727, Water Code. s 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 received 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 applicable 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), Water Code. Reference: Sections 1435, 1436 and 1437, Water Code. s 806. Notification of and Objections to Temporary Urgency Changes. (a) As soon as practicable after receipt of a petition meeting the information and map requirements of Section 794 and compliance with Water Code Section 1437 the board shall cause notice to be given pursuant to Water Code Sections 1438(b) and 1438(c). (b) Any interested person may file an objection to the petition with the board prior to adoption of a board order or validation of any temporary urgency change order. The objection 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 validation meeting or at a hearing after notice to all interested persons known to the board. Note: Authority cited: Sections 1058, 1436 and 1438(a), Water Code. Reference: Sections 1435, 1437 and 1438, Water Code. s 811. Long Term Transfer. (a) A permittee, licensee, or holder of a water right determined under a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981 who is filing a petition pursuant to Water Code Section 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 Articles 15 and 16 and any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. Note: Authority cited: Section 1058, Water Code. Reference: Section 1735, 1736 and 1740, Water Code. s 812. Petition for Long-term Transfer. A petition 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 section 1061) of this division and the information and maps specified in Section 794 have been submitted to the board. The board may cancel a petition for failure to pay any annual fee for the petition when due. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1735, 1736 and 1740, Water Code. s 813. Map Requirements. Note: Authority cited: Section 1058, Water Code. Reference: Section 1735, Water Code. s 814. Notice of Long-term Petitions. After a completed petition 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 notice to the Department of Fish and Game, all persons requesting notice of change petitions, and all legal users of water known to the board who may be affected by the proposed 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, Water Code. s 815. Protest Procedure on Long-term Transfer Petitions. The provisions of Article 9, 10 and 11 insofar as they are applicable, shall govern protests, answers, investigations, and hearings of petitions under this Article. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1735, 1736 and 1740, Water Code. s 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 requirements of Water Code Section 1736, an order will be issued in accordance with Section 792 authorizing the long-term transfer, subject to appropriate terms and conditions for the period requested or such lesser period found by the board to be appropriate. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1735, 1736 and 1740, Water Code. s 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 contain 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 (commencing with Section 5100) 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 diversion 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. s 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 1410 et seq., 1675 et seq. or 1825 et seq. 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 1611, Water Code. s 822. Action by the Board. After notice in accordance with Water Code Sections 1410 and 1410.1, 1675 and 1675.1, or 1831 and 1834 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 under the circumstances. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1391 and 1611, Water Code. s 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, 1393, 1394, 1610 and 1611, Water Code. s 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 behalf 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. s 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 immediately 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. s 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 ordinarily accept any claim asserted to ownership of an application, permit or license unless the record title holder, or an asserted successor in interest, 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: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code. s 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 considered 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. s 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. s 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 presumed, unless there is a showing to the contrary, that any water right initiated 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code. s 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 owner. 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 instrument plus a distinguishing letter designation. (b) Issuance of separate permits and licenses in accordance with subsection (a) shall not be construed as a determination by the board that the water right has necessarily been fully maintained by continuous beneficial use and by observance of the law and provisions of the permit or license. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1380 and 1382 and 1610, Water Code. s 840. Reasonable Promptness Required. An application will be denied when it appears after hearing or a proceeding 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 construction 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 feasible plan, lack of the required financial resources, or other cause. Note: Authority cited: Section 1058, Water Code. Reference: Section 1255, Water Code. s 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 obstacles to be overcome. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1252 and 1260, Water Code. s 842. Requests for Extension of Time Under Permits. A request for extension of time within which to commence or complete construction work or apply the water to full beneficial use may be submitted upon forms supplied by the board. A request for extension 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 division. The board may cancel a request for extension of time for 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. s 843. Notice of Petitions and Protests. (a) After filing a petition for an extension of time under a permit, the petitioner, 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 petitioner cause notice 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 financial commitment for construction or for land acquisition has been undertaken; and (B) the project is not in an area where there is unusual competition for or interest in water; and (C) the project is not a large multi-stage project which may be behind schedule. (b) At any time any person may request in writing special notice of the filing of petitions for extension of time. Thereafter the board shall mail a copy of each such notice to such person, together with a statement of the time within which any protest must be filed. (c) Protests to a petition may be filed within the time fixed by the board, which shall be stated in the notice, or such further time 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 and any conditions on which the objection could be satisfied. (3) If protestant claims a right to the use of water affected by the permit, 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. s 844. Cause for Extension of Time. An extension of time within which to complete an application, to commence 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 reasonably be avoided, and that satisfactory progress will be made if an extension 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, 21065 and 21081, Public Resources Code; Johnson Rancho County Water District v. State Water Rights Board, 235 Cal.App.2d 863, 45 Cal.Rptr. 589 (1965); and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 345, 658 P.2d 709 (1983). s 845. Withholding Issuance of Permit. (a) When approval of an application will be conditional upon the applicant undertaking certain measures, issuance of the permit shall be withheld 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 perjury at such intervals as specified in the permit or as the board may specify 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 comply and to notify the board of his compliance or to request a hearing. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1255, 1391, 1393, 1394, 1395, 1396, 1397, 1398, 1410 and 1412, Water Code. s 846. Measuring Devices and Statements. After issuance of a permit for surface diversion or storage or underground storage the permittee may be required to establish suitable measuring 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 determine 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. s 847. Progress Report. Prior to issuance of license, annual progress reports shall be filed promptly by permittee upon forms provided by the board. After the issuance 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. s 848. Contents. (a) In addition to such other information as may be required, all reports shall contain permittee's or licensee's evaluation of the current potential for using reclaimed water or reusing water to satisfy all or part of the water needed. (b) If the terms of the permit or license require water conservation measures, the extent of implementation of such measures shall be reported. Note: Authority cited: Section 1058, Water Code. Reference: Section 275, Water Code; and Section 2, Article X, California Constitution. s 850. Revocation Hearings. When it appears to the board that a permittee may have failed to commence 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 beneficial use of water, or that he may have failed to observe any of the terms or conditions of the permit or license, the board may consider revocation of the permit or license. The board will notify the permittee or licensee of the proposed revocation. The notice will state the reasons for the proposed 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 time may also be considered at such hearing. Nothing in this section shall be construed as limiting the board's authority to take action pursuant to Water Code Section 1831. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1410 and 1411, Water Code. s 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 constitute a sufficient statement of the issues to be heard. Note: Authority cited: Section 1058, Water Code. Reference: Section 1410, Water Code. s 852. Procedure Relating to Hearings. The provisions of Article 14 of this subchapter insofar as they are applicable shall govern hearings under this article. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1410, 1411, 1412, 1413, 1414 and 1415, Water Code. s 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 Constitution. s 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: Section 1058, Water Code. Reference: Sections 100, 183, 275 and 1051, Water Code; and Section 2, Article X, California Constitution. s 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 period of time in which to terminate such misuse or demonstrate to the satisfaction 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 license 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 revocation 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. s 858. Noncompliance with Order Regarding Misuse Under Water Right Entitlement. If a permittee or licensee does not comply with any order issued pursuant 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, unreasonable use, method of use, or method of diversion has occurred 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: (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 appropriate 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 preliminary 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. s 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 reasonable 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 request appropriate legal action by the Attorney General. Note: Authority cited: Section 1058, Water Code. Reference: Section 275, Water Code. s 860. Alternative Procedure. The procedure established in this article shall be construed as alternative 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: Section 275, Water Code. s 870. Purpose of this Article. By Order WR 89-25, adopted on November 16, 1989, pursuant to Water Code Sections 1205 through 1207, 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 unavailable for appropriation therefrom. The purpose of this article is to provide procedures (1) for revoking or revising the status of stream systems declared 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. s 871. Revocation or Revision of a Declaration. (a) The board may, upon its own motion or upon petition of any interested 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 declared fully appropriated, or revising any condition specified in a declaration upon which applications to appropriate unappropriated water will be accepted for filing and registrations of small domestic use appropriations will be accepted. The Chief's recommendation for revocation or revision may be based upon any relevant factor, including but not limited to a change in circumstances from those considered in a previous water right decision determining that no water remains available for appropriation, or upon reasonable cause derived from hydrologic data, water usage data, or other relevant information acquired by the Division of Water Rights in the course of any investigation conducted by it. (c) Any person may petition the board to revoke or revise the fully appropriated 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-appropriated status of the stream system. (1) The petition shall include hydrologic data, water usage data, or other 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 magnitude 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 registration is unacceptable because it proposes appropriation from a stream system declared to be fully appropriated and does not meet existing conditions for acceptance. Any such proposed application or registration should be complete pursuant to the law and the rules of the board, including 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 subsection (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 accepted. 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, respectively, proposing to appropriate from a source included in the earlier proposed application or registration; provided that, in proceeding upon competing 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 limited 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 notice 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 Chief's determination. Following receipt of any such request timely filed, the board will review the Chief's determination. The board's review shall be limited to the information provided by petitioner to the Chief, pursuant to subsection (c)(1) of this section. Following 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. s 872. Addition of Stream Systems to the Declaration. (a) The board may order that a stream system be added to the declaration, 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 final 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 pursuant to Water Code Section 1228.2(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 believing that any stream system or systems should be declared to be fully appropriated 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 appropriation from any such identified stream system or systems. Following 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, pursuant 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 1228.2(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. s 873. Applications Pending at Time of Revision or Addition. (a) Whenever the board adopts an order revising any conditions specified in a declaration or declaring an additional stream system to be fully appropriated, the Chief, Division of Water Rights, shall review all pending applications, except applications identified in subsection (e), to appropriate unappropriated water from a stream system affected by any such revision or declaration. (b) Applications determined by the Chief to be consistent with a revised 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 provide the applicant a notice, entitled "Notice of Potential Cancellation of Water Right Application". The notice shall specify the following elements: (1) The manner in which the application is inconsistent with the revised declaration. (2) A reasonable time within which the applicant may withdraw the application. (3) A reasonable time within which the applicant may amend the application 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 information to show that the appropriation proposed by the application is entitled 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. (5) A reasonable time within which the applicant may provide information to show that hydrologic circumstances have changed within the stream system declared to be fully appropriated, or that other circumstances 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 Cancellation 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 information pursuant to subsection (b)(4), the Chief shall provide the board with a recommendation concerning disposition of the application. The recommendation 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 consistency 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 assignment 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 priority of an application filed pursuant to Water Code Section 10500 is pending 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 1345 et seq., 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 meaning 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. s 874. Notice of Hearings and Hearing Rules of Procedure. (a) The Chief, Division of Water Rights, shall give notice of any hearing scheduled pursuant to this article in accordance with Water Code Section 1207 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 appropriate unappropriated water from any stream which is the subject of the hearing. (b) Hearings pursuant to this article shall be governed by sections 761, 762, and 763, except that any person who observes the pre-hearing submittal 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. s 880. Board. "Board" when used in this subchapter means the State Water Resources Control Board. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1003.5 and 1226.1, Water Code. s 881. Stockpond. "Stockpond" when used in this subchapter means a pond having a capacity not in excess of 10 acre-feet that is used primarily for watering livestock. Note: Authority cited: Section 1058, Water Code. Reference: Section 1226.1, Water Code. s 885. Forms. A claim of water right for a stockpond and application for certification 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 duplicate 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. s 886. Refusal to Accept Claims. A claim which does not contain the required information, which is illegible or which is not accompanied by the required filing fee will be returned to the sender as unacceptable. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.1, 1226.2 and 1226.3, Water Code. s 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. s 888. Penalty for Perjury. All claims 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: Sections 1226.1 and 1226.3, Water Code. s 890. Fees. Each claim shall be accompanied by a filing fee of ten dollars ($10.00). Note: Authority cited: Section 1058, Water Code. Reference: Section 1226.3, Water Code. s 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. s 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 claimant. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226,1226.1 and 1330, Water Code. s 897. Content of Protests. A protest shall state the name and address of the protestant, the location of his point of diversion of water with respect to the claimant's stockpond, 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. s 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226, 1226.1, 1330 and 1331, Water Code. s 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. s 901. Hearing. When requested by a claimant or protestant, the board will hold a hearing 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 11, 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. s 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. s 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 stockwatering. Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.4 and 1241, Water Code. s 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. s 907. Number of Claims Required. s 908. Penalty for Perjury. s 910. Fees. s 915. Notices. s 916. Protests. s 917. Contents of Protests. s 918. Ground for Protest. s 920. Investigation. s 921. Hearing. s 922. Certification. s 925. Continued Use of the Stockpond. s 926. Revocation of the Certification. s 940. Board. "Board" when used in this subchapter means the State Water Resources Control Board. Note: Authority cited: Section 1058, Water Code. s 945. Petition. A petition requesting a determination of the rights to water from a stream system, pursuant to Water Code Section 2525, shall be submitted to the board and shall contain the following: (a) The petitioner's name 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 petitioner. (d) A statement of facts and conditions showing why the public interest 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 required 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. s 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 relevant 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 litigation 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, Water Code. s 947. Proof of Claim of Water Right. (a) Proofs of claims shall be typewritten or legibly written in 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. (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 convenience 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 water 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 Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983). s 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. s 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. s 950. Other Applicable Regulations. The following provisions of Article 11 of Subchapter 2 apply to hearings 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: Section 761, 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. s 951. Inspection of Records. No proofs or documents relating thereto shall be taken from the custody 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. s 952. Separate Proof for Each Purpose of Use. s 953. Separate Proof for Each Diversion. s 954. Single Proof for Claim Initiated Under the Water Commission Act or Water Code. s 955. Claims to Water Supplied by District or Water Company. s 956. Divided Interests. s 957. Undivided Interests. s 958. General Requirements for Proofs of Claims. s 959. Specific Requirements for Irrigation Proofs. s 960. Uses Other Than Irrigation. s 961. Signature of Deponent. s 962. Objections. s 963. Subpoenas. s 964. Procedure at Hearings. s 965. Official Notice. s 966. Evidence by Reference. s 967. Oral Arguments and Briefs. s 968. Attorneys or Agents. s 969. Inspection of Records. s 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. s 1001. 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. s 1002. Contents of Notices. The notices shall contain the available information required 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: Section 5103, Water Code. s 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. s 1011. Effect of Failure to Pay Filing Fees. Notices not accompanied by the required fees will not be accepted for filing. Note: Authority cited: Sections 1058 and 5006, Water Code. Reference: Section 5006, Water Code. s 1012. Investigation Charges. Requests for investigations and determinations under Section 5007 of the Water Code shall be accompanied by a payment of twenty-five dollars ($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 investigation and determination shall not be exceeded by more than 20 percent without prior notice to the applicant and until his written consent to proceed is obtained and such further payment as the board requires is received. Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code. s 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 matter 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, Water Code. s 1021. Service of Proposed Findings. After the board's investigation has been completed, a copy of the proposed findings will be mailed to the person who filed the notice, the person who requested the investigation, and any other person who has submitted 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, Water Code. s 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 11, insofar as they are applicable, shall govern hearings held pursuant to this subchapter. Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code. s 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 further 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, Water Code. s 1024. 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. 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. s 1061. Definitions. (a) "Annual fee" means a fee for the twelve-month fiscal year beginning 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 Equalization 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 expenses 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 organization capable of holding an interest in real property in California. "Person" also includes a city, county, city and county, district, commission, 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. s 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 $15 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 Environmental Quality Act, as established in California Code of Regulations, 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 assignment 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 filing 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. s 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 information requested pursuant to Water Code section 1275 within the time 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 section 10005, Fish and Game Code section 711.4, or other law. Note: Authority cited: Sections 1058 and1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code. s 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 section. (1) For purposes of calculating the filing fee, a petition to change one or more terms of a single application, permit, license, or other water right shall be considered a single petition, provided that action can be taken on the changes simultaneously, except that a petition for an extension of time shall be considered a separate petition, subject to a separate fee, from a petition to change one or more other terms in a water right. A petitioner requesting changes to more than one application, permit, license, or other water right shall file a separate petition or petitions for each water right and a filing fee shall be required for each petition. A separate filing fee shall be required for each change petition subsequently filed on a water right that is already the subject of a pending petition for change. (A) Except as provided in subparagraphs (i), (ii), and (iii), the fee for a petition to change the terms of an application, 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 application or authorized by the permit or license, as calculated in accordance with section 1066, is greater than 10 acre-feet, then the petitioner shall pay an additional $0.30 for each acre-foot in excess of 10 acre-feet. The total fee shall not exceed $5,150. (i) The fee for a petition for change pursuant only to Water Code section 1707 shall be $850. (ii) The fee for a change petition involving a transfer of water pursuant to Water Code section 382, 1701, 1725, or 1735 shall be $2,000, plus $0.30 for each acre-foot that the petitioner 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 water proposed to be transferred over the entire term of the transfer. The total fee shall not exceed $410,000. (iii) The fee for a petition for extension of time shall be $1,000. (2) The fee for a petition to change the point of discharge, place of use, or purpose of use of treated wastewater pursuant to Water Code section 1211 shall be $1,000. (3) The fee for a request for release from priority of a state-filed application pursuant to Water Code section 10504 shall be $5,000. (4) The fee for a petition filed pursuant to Water Code section 1228.7 to change the point of diversion or place of use under a registration of an appropriation for small domestic or livestock stockpond use shall be $250. (b) A person who filed a petition or a request for release from priority on or after July 1, 2003, and prior to January 1, 2004, shall pay a supplemental 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 petition filing fee includes a non-refundable $250 initial review fee. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 386, 1525 and 1535, Water Code. s 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 requested change, 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, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code. s 1066. Annual Fees for Permits or Licenses. (a) A person who holds a water right permit or license shall pay a minimum annual fee of $100. If the total annual amount of diversion authorized by the permit or license is greater than 10 acre-feet, then the permittee 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 diversion 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 limiting 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 diversion 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 individual right. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code. s 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 filing 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 determine 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 determination 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 unless the annual fee for that year is paid. (c) The board may collect additional fees to cover its costs of compliance with Water Code sections 1026 and 1029. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1025, 1025.5, 1031 and 1525, Water Code. s 1068. Registration Fees for Small Domestic and Livestock Stockpond Uses. (a) A person who registers an appropriation of water for small domestic or livestock stockpond use pursuant to Water Code section 1228.3 shall pay to the board a registration fee of $250. (b) A person who renews such registration pursuant to Water Code section 1228.5 shall pay to the board a renewal fee of $100. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1228.3, 1228.5 and 1525, Water Code. s 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. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1528, 1535 and 2850, Water Code. s 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. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1529, 1535 and 5006, Water Code. s 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 purpose 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 authorizes or proposes an irrigation use, municipal use, or other consumptive use unless that permit, license, application, petition or other filing is primarily 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. s 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. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Section 1525, Water Code. s 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 Chief's determination under Water Code section 1540 whether the United States Bureau of Reclamation (USBR) 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 USBR to ascertain whether the USBR will pay the applicable amount or agree to contractual arrangements that, in the opinion of the Division Chief, provide an adequate 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 USBR'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 Project 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 supplemental supply entitlement. This formula is expressed mathematically as follows: Fee xi Feei ----------- FeeUSBR n <> xi i-l ____________________ Where: i= individual contractor x = supplemental water entitlement under the contract or total contract amount if there is no base supply under the contract n= number of contractors Fee USBR = 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 subdivision (b)(2) of Water Code section 1560 or subdivision (b) of this section, 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 expense, the Division Chief may apply subdivision (b) of Water Code section 1560 to the fee or expense or portion thereof allocated to that contractor. (d) If a water supply contractor allocated a portion of an annual fee pursuant to subdivision (b)(2) of section 1560 of the Water Code or subdivision (b) of this section successfully petitions the board to reduce or eliminate that allocation, the board's action on the petition shall not provide a basis for recalculation or reapportionment of the annual fee for that fiscal year as apportioned to any other contractor that has not filed a petition for reconsideration of its allocation. (e) The following definitions apply to this section: (1) "Base supply" means the amount of water delivered to a water user by USBR from the Central Valley Project that is designated as base supply in a water supply contract between the user and the USBR. (2) "Supplemental supply entitlement" means the amount of water exceeding 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. s 1074. Administration of Fees and Expenses. (a) Annual fees 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 occurring during the year shall be construed to refer to the fiscal year. (b) Except as provided in this subdivision, if the circumstances establishing 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 circumstances 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 determines that revocation likely would be appropriate. (c) If the identity of a fee payer changes before an assessment is issued, the previous fee payer remains responsible for payment of the assessment, 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 notice 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 1525), part 2, division 2 of the Water Code, the board notifies the State Board of Equalization of an assessment, decision on a petition for reconsideration, decision on a claim for refund, cancellation, or adjustment, the State Board of Equalization shall, without further review, collect, refund, cancel or adjust the assessment or other amount in accordance with the instructions of the board. (g) If a fee payer files a petition for reconsideration of an assessment with the board pursuant to section 1077 or section 1078 of this chapter, then the fee payer may either (i) timely pay the assessment to the State Board of Equalization and include a request for refund in the petition for reconsideration filed with the board or (ii) postpone payment of the assessment while the petition for reconsideration is pending. (1) If payment of the assessment is postponed until the board decides the petition for reconsideration, interest will continue to accrue from the date the assessment was initially due at the rate specified in Revenue and Taxation Code section 55042. (2) The board shall promptly notify the State Board of Equalization of its decision on a petition 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 reconsideration in whole or in part, then the assessment shall become final for purposes of the Fee Collection Procedures Law, part 30 (commencing with section 55001) of division 2 of the Revenue and Taxation Code, thirty days after the State Board of Equalization issues a reassessment implementing the board's decision. Interest shall be due from the date that the assessment was originally due and penalties shall accrue commencing on the date that the reassessment becomes final for purposes of the Fee Collection Procedures Law. This paragraph does not affect the deadline for filing a petition for writ of mandate under section 1126 of the Water Code. For purposes of section 1126 of the Water Code, the board's order or decision on a petition 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 timely petition for reconsideration by the board, and amounts that were the subject of a timely petition for reconsideration that have been decided by the board to be owing, shall be treated as final liabilities under the Fee Collection Procedures Law. (j) A person may not maintain a suit in any court for the recovery 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 petition and payment of the fee in accordance with this subdivision constitute a claim for refund within the meaning of section 55242 of the Revenue and Taxation Code. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: California Constitution, Article XIII, Section 32; and Sections 1525, 1535, 1536 and 1537, Water Code. s 1075. Collection of Fees and Expenses. (a) The State Board of Equalization shall collect the annual fees established under sections 1063, 1065, 1066, 1067, and 3833.1 of this division, 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 Procedures Law, part 30 (commencing with section 55001) of division 2 of the Revenue and Taxation 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 purposes of the Fee Collection 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 Collection Procedures Law. (c) For purposes of collection, the board shall provide the State Board of Equalization with the name and address of the fee payer or the fee payer's authorized representative. 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 representative shall be deemed to be notice to each fee payer. (d) The State Board of Equalization may rely on the fee payer information provided by the board until the board notifies the State Board of Equalization of a change in the fee payer's information. A fee payer shall promptly notify the board of any changes or corrections to the fee payer's identifying information. The board shall promptly notify the State Board of Equalization of changes or corrections to the identifying information. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1535, 1536 and 1537, Water Code. s 1076. Cancellation for Nonpayment of Fees. The board may cancel an application, petition, or request for 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 notify 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 1530, Water Code. Reference: Sections 1270, 1271, 1525 and 1535, Water Code. s 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 reconsideration under chapter 4 (commencing with Section 1120) 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 12 (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 miscalculated. 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 assessment 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 assessment is issued. (c) The State Board of Equalization shall not accept a petition for reconsideration 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. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1120 and 1537, Water Code. s 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 payments pursuant to Water Code section 2865, shall be subject to reconsideration under chapter 4 (commencing with Section 1120) of part 1 of division 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 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 miscalculated. (b) Any objection to the final determination of expenses, or apportionment thereof, made by the board and filed with the court shall be made in accordance with the provisions of article 13 (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 1120, 1525 and 2850, Water Code. s 2050. Petition for Review by State Board. (a) Any petition by an aggrieved person to the state board for review under Water Code Section 13320(a) of an action or failure to act by a regional 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 petition 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 to 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 regional board and to the discharger, if not the petitioner. (9) A statement that the substantive issues or objections raised 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 arrangement. [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 Saturday, 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 petition to the state board shall be limited to those substantive issues or objections that were raised before the regional board. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2050.5. Complete Petitions; Responses; Time Limits. (a) Upon receipt of a petition that complies with section 2050 the state board may either dismiss the petition pursuant to section 2052, or may provide written notification to the petitioner, informing the discharger (if not the petitioner), the regional board, and other interested persons that they shall have 30 days from the date of mailing such notification to file a response to the petition with the state board. The regional board shall file the administrative record within this 30-day period, including a copy of the tape recording of the regional board action, or a transcript, if available. Responses to petitions and any other submissions shall be served concurrently upon the petitioner, the discharger (if not the petitioner) and the regional board, by any method listed in section 2050(b). Any points and authorities filed in response to the petition shall include citations to documents or the transcript of the regional board hearing where appropriate. The time for filing a response or the administrative record may be extended by the state board. Additional submissions will be allowed only upon written request and at the discretion of the state board. (b) The state board shall review and act on the petition within 270 days from the date of mailing the notification described in (a), unless a hearing is held by the state board. If a hearing is held, the state board shall act on the petition within 330 days from the date of mailing the notification described in (a), or within 120 days of the close of the hearing, whichever is later. If formal disposition is not made by the state board within these time limits the petition is deemed denied. These time limits may be extended for a period not to exceed 60 days with written agreement from the petitioner. The time limits for formal disposition do not apply while action on a petition is held in abeyance, as provided in 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 agreement of the petitioner. (1) A request or agreement to hold a petition in abeyance must be in writing and shall be provided to the state board, the regional board, and the discharger, if not the petitioner. (2) Petitions may be held in abeyance unless the regional board provides reasonable grounds for objection. For petitions challenging the assessment of administrative civil liability or penalties, written agreement from the regional board is required. (3) The time 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. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 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 regional board. Any request by a regional board to present additional evidence shall comply with (a)(1) through (3). (1) The request to present additional evidence and all supporting arguments 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 requesting 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 improperly 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 petitioner) and the regional board. The state board may prescribe a time limit 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 hearing shall be submitted at the time the petition is filed or as soon as possible thereafter. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 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 petition 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 petition shall be dismissed unless cause is shown for an extension of time. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 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 regional board if the petition fails to raise substantial issues that are appropriate 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 substantial 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 executive director's refusal to review a petition shall be in writing. (c) Before taking final action, 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 petitioner, the discharger (if not the petitioner), the regional board, any interested persons who have filed a response to the petition 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 parties intending to participate shall submit to the state board in writing the name of each witness who will appear, together with a statement of the qualifications of each expert witness, the subject of the proposed testimony, and the estimated 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. s 2052.1. Intervention. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2053. Stay Orders. (a) A stay of the effect of an action of a regional board shall be granted only if petitioner alleges facts and produces proof of all of the following: (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 public 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. Upon a documented showing by petitioner that the request complies with the prerequisites for a stay, the state board or a member of the state board will hold a hearing. A request for a stay may be 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 deems appropriate. (b) Nothing in subsection (a) shall preclude the state board from issuing a stay of the effect of an action of a regional board, after hearing, upon its own motion. The requirement of a declaration under penalty of perjury may be waived by the board in case of an emergency. (c) 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 petitioner. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 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. s 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: Section 13320, Water Code. s 2056. Subpoenas. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2057. Conduct of Hearing. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2058. Additional Parties. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2059. Evidence Rules. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2059.1. Review of Septic Tank Prohibitions. Whenever the board reviews waste discharge requirements which include a determination that the discharge of waste from existing or new individual disposal systems or from community collection and disposal systems which utilize subsurface disposal shall not be permitted, evidence of alternatives shall be considered by he board as provided in Subchapter 9.1, Article 2 of this chapter. Note: Authority cited: Section 1058, Water Code. Reference: Section 13283, Water Code. s 2060. Official Notice. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2061. Order of Testimony. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2062. Cross-Examination. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2063. Oral Argument. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2064. Record. When a state board hearing is held the decision of the state board will be based on that evidence and testimony in the record of the hearing. When no hearing is held, the decision of the state board will be based on the record before the regional board. Except that in either case the record may be supplemented by any other evidence and testimony accepted by the state board pursuant to Section 2050.6. Upon the close of a hearing, the 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. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 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 meeting. Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code. s 2066. Workshop Meeting. (a) The state board may discuss a proposed order in response to a petition 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. s 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 revisions 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. s 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 inaction 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. 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. Note: Authority cited: Section 1058, Water Code. Reference: Section 13600, Water Code. s 2200. Annual Fee Schedules. Each person for whom waste discharge requirements have been prescribed 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 (AWM) surcharge will be added to each individual fee. The AWM surcharge for all discharges pursuant to section (a) Non- National Pollutant Discharge Elimination System (NPDES) and (c) Confined Animal Facilities (CAF) is 9% of the calculated fee; the surcharge for all discharges pursuant to section (b) NPDES is 18.5% of the calculated fee. The surcharge shall be applied to all permits prior to other surcharges prescribed herein. (a) Non-NPDES fees: Annual fees for persons issued waste discharge requirement orders for discharges to land under the Waste Discharge Requirements [FN1] or surface waters not covered by a NPDES permit and Land Disposal [FN2] Programs, shall be based on the discharge's fee rating according to the following schedule, plus applicable surcharge(s), except as provided in subdivisions (a)(2) and c. Annual Fee Schedule for Discharges to Land Threat to Water Complexity Regulatory Programs Quality (CPLX) Waste Discharge Land (TTWQ) Requirements [FN1] Disposal [FN2] 1 A $41,800 $26,000 [FN3] 1 B $26,400 $21,000 1 C $14,245 $13,500 2 A $9,515 $11,250 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 Non-NPDES Land Disposal Program dischargers issued Waste Discharge Requirements shall receive a one-time credit in the fiscal year 2005/06 billing to adjust to the revenue levels set forth in the budget act for this activity. (1) Threat to water quality TTWQ and complexity CPLX of the discharge is assigned by the Regional Board in accordance with the following definitions: 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 of 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, including shellfish and migratory fish. Category "2" - Those discharges of waste that could impair the designated beneficial uses of the receiving water, cause short-term violations of water quality objectives, cause secondary drinking water standards 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 discharge 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 requirements have been prescribed pursuant to Section 13263 of the Water Code not included as a Category "A" or Category "B" as described above. Included 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 systems with land disposal. (2) Dredge and Fill Operation fees shall be assessed as follows, not to exceed $40,000, plus applicable surcharge(s) [FN4]. Type of Discharge Fees (i) Fill & Excavation [FN5] Discharges. $500 Base Price + Size of the area as expressed in hundreths of (Discharge area in acres (0.01 acre) (436 square feet) rounded up. hundreths of an acre x $21.50) (ii) Dredging Discharges [FN6] $500 Base Price + Dredge volume expressed in Cubic Yards. (Dredge volume in cubic yards x $0.08) (iii) Channel and Shoreline Discharges $500 Base Price + Includes linear discharges to drainage features and (Discharge length in shorelines, e.g., bank stabilization, revetment and feet x $5.00) 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. (iv) Discharges to Non-federal (e.g. "Isolated") Waters. Double the Discharges to waters or portions of waterbodies applicable fee not regulated as "waters of the United States", including schedules except waters determined to be "isolated" pursuant to the for (vi) restoration findings of Solid Waste Agency of Northern Cook projects County v. U.S. Army Corps of Engineers(2001) 121 S. Ct. 675. (v) Low Impact Discharges. $500 Flat fee. 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-project 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, (g) include "hazardous" or "designated" material. 4. Discharge is to be a waterbody regulated as "Waters of the United States". (vi) Restoration Projects. $500 Flat fee Projects funded or sponsored by a government program with the primary 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 undertaken primarily for some other non-restorative purpose, e.g., land development. (vii) General Orders $60 Flat fee Projects which are required to submit notification of a proposed discharge to the State and/or Regional Board as a condition of compliance with a general waste discharge requirement associated with permitting discharges authorized by a federal general permit or license, e.g., a U.S. Army Corps of Engineers nationwide permit. (b) NPDES fees: Annual fees for persons issued permits for discharges to surface waters pursuant to the program, except CAFs, shall be based on the following schedules. (1) Each public entity that owns and/or operates a storm water conveyance 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 applicable surcharge(s). The fee shall be based on the population of the public entity according to the most recently published United States Census. 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. Flood control districts or other special districts named as co-permittees to MS4 permits and school districts, serving students between kindergarten 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 Areawide Municipal Storm Water Sewer System Permits and Co-Permittees Population equal to or greater than 250,000 $25,000 Population between 200,000 and 249,999 $21,875 Population between 150,000 and 199,999 $18,875 Population between 100,000 and 149,999 $15,625 Population between 75,000 and 99,999 $12,500 Population between 50,000 and 74,999 $ 9,375 Population between 25,000 and 49,999 $ 6,250 Population between 10,000 and 24,999 $ 3,750 Population between 1,000 and 9,999 $ 2,500 Less than 1,000 population $ 1,250 Statewide Permit Holders $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 applicable surcharge(s). An amount equal to the fee prescribed shall be submitted 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 purposes of this section, an NOI is considered to be a report of waste discharge. (B) Facilities that satisfy the conditions of a State Board certified Quality 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, 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 liquid (including water for domestic municipal services or wastewater), liquescent, 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 activities subject to the permit are conducted, or Tier 2 -A fee as prescribed by (b)(3), based on the area covered by the project. Storm water construction, industrial and linear activities that are regulated by an NPDES storm water general permit and public entities that own and/or operate a storm water conveyance 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 receive a one-time credit in the fiscal year 2005/06 billing to adjust to the revenue levels set forth in the budget act for this activity. (5) Discharges associated with mosquito and vector control activities that are regulated by an individual or general NPDES permit adopted exclusively 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 outbreak of lethal diseases. A mosquito and vector control agency discharges pesticides into surface waters for the control of mosquito larva. Dischargers filing an application for a mosquito and vector control permit shall pay a fee of $100. The fee shall be paid each time an application for initial certification or renewal is submitted. Mosquito and vector control fees are not subject to ambient water monitoring surcharges. (6) All other NPDES permitted discharges with permitted flows of less than 100 million gallons per day (mgd) except as provided in (b)(6), (b)(7), (b)(8), (b)(9) and c, shall pay a fee according to the following formula: Fee = $1,000 plus 3418 multiplied by the permitted flow, in mgd, to the maximum plus any applicable surcharge(s). The maximum fee for NPDES permitted industrial discharges [FN7] is $35,000, plus any applicable surcharge(s). NPDES permitted industrial discharges with a Threat/complexity [FN8] rating of 1A, 1B or 1C are subject to a surcharge as follows: Threat /Category 1C - $5,000 Threat /Category 1B - $10,000 Threat /Category 1A - $15,000 The maximum fee for NPDES permitted public wastewater treatment facilities is $50,000, plus applicable surcharge(s). Public wastewater treatment facilities with approved pretreatment programs are subject to a surcharge of $10,000. Agencies with multiple facilities under one approved pretreatment program shall pay a $10,000 surcharge per program. (7) All NPDES discharges with permitted flows of 100 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)(7), (b)(8) and (b)(9). NPDES permitted industrial discharges with a threat/complexity rating of 1A, 1B, or 1C 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 designed 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 facilities 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)(A) Discharges associated with aquaculture activities that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee based on the categories listed in (b)(9), as determined by the Regional Board. An aquaculture activity (as defined in Chapter 40, Section 122.25(b) of the Code of Federal Regulations) is a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. The definition for purposes of this fee category includes fish hatcheries. (B) Discharges associated with geothermal facilities, where water quality objectives are not likely to be exceeded or where beneficial uses are fully protected, that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee based on the categories listed in (b)(9), as determined by the Regional Board. A geothermal facility is an entity that utilizes, extracts, or produces energy from geothermal fluids for heating, generating power, or other beneficial uses, and discharges geothermal fluids to surface water. (C) De minimis discharges that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee based on the categories listed in (b)(9), as determined by the Regional Board. De minimis discharge activities include the following: evaporative condensate; swimming and landscape pool drainage; discharges from fire hydrant testing or flushing; discharges resulting from construction dewatering; discharges associated with supply well installation, development, test pumping, and purging; discharges resulting from the maintenance of uncontaminated water supply wells, pipelines, tanks, etc.; discharges resulting from hydrostatic 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 including 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 affect on the beneficial uses of receiving waters yet technically must be regulated under an NPDES permit. (D) All other NPDES general permits. (10) Discharges that fall within the categories specified in (b)(9) or that are regulated by a general NPDES permit (excluding storm water permits), shall pay a fee as follows, plus applicable surcharge(s): Category 1 - Discharges that require treatment systems to meet priority 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: $2,900. (Examples of non-priority pollutants include, but are not limited to, nutrients, inorganic compounds, pH, and temperature). Category 3 - Discharges that require minimal or no treatment systems to meet limits and pose no significant threat to water quality: $1,000. (c) Confined Animal Facilities fees: Whether regulated by a WDR or a NPDES permit, dischargers who own or operate CAF, including dairies, shall pay a fee based on the following schedules plus applicable surcharge(s). FEEDLOTS TYPE OF FACILITY FEE Cattle or cow/calf pairs Number of animals 100,000 or more $3,000 10,000 to 99,999 $1,500 5,000 to 9,999 $800 1,000 to 4,999 $400 Less than 1,000 $200 Calves 10,000 or more $3,000 5,000 to 9,999 $1,500 1,000 to 4,999 $800 300 to 999 $400 Less than 300 $200 Heifers (not at a dairy) 10,000 or more $3,000 5,000 to 9,999 $1,500 1,000 to 4,999 $800 300 to 999 $400 Less than 300 $200 Finishing Yards/Auction Yards 1,000 or more $800 300 to 999 $400 Less than 300 $200 DAIRIES TYPE OF FACILITY FEE Mature dairy cattle Number of animals 3,000 or more $4,000 1,500 to 2,999 $2,500 700 to 1,499 $1,200 300 to 699 $600 Less than 300 $300 Goat Dairies 1,000 or more $400 Less than 1,000 $200 HOGS Swine (> 55 pounds) 5,000 or more $1,500 2,500 to 4,999 $800 750 to 2,499 $400 Less than 750 $200 Swine (< 55 pounds) 20,000 or more $1,500 10,000 to 19,999 $800 3,000 to 9,999 $400 Less than 3,000 $200 OTHER Horses 500 or more $800 150 to 499 $400 Less than 150 $200 Sheep or Lambs 10,000 or more $800 3,000 to 9,999 $400 Less than 3,000 $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 $700 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-layers (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 $750 $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 $700 165,000 to 349,999 $1,000 $500 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) 120,000 or more $2,000 $700 60,000 to 119,999 $1,000 $500 30,000 to 59,999 $750 $350 10,000 to 29,999 $400 $200 Less than 10,000 $200 $0 Ducks (liquid manure system) 20,000 or more $1,000 5,000 to 19,999 $750 1,500 to 4,999 $400 Less than 1,500 $200 Turkeys 200,000 or more $2,000 $700 100,000 to 199,999 $1,000 $500 55,000 to 99,999 $750 $350 16,500 to 54,999 $400 $200 Less than 16,500 $200 $0 (1) Facilities that are certified under a quality assurance program approved by the State Board or under a County regulatory program approved by the appropriate Regional Board, will receive a 50 percent fee reduction. (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. __________ [FN1] Waste Discharge Requirements (WDRs) are those discharges of waste to land that are regulated through waste discharge requirements issued pursuant to Water Code Section 13263 and 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. Municipal and domestic discharges of less than 50,000 gallons per day in category 2-B, 2-C, 3-B and 3-C will receive a 50% fee discount. Municipal and domestic discharges receiving the discount are defined as 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 from residential clothes washing. It does not include discharges from food preparation and dish washing in restaurants or from commercial laundromats. [FN2] Land Disposal WDRs are those discharges of waste to land that are regulated through waste discharge requirements issued pursuant to Water Code Section 13263 and that implement the requirements of CCR Title 27. Examples include, but are not limited to both active and closed landfills and surface impoundments. [FN3] A surcharge of $12,000 will be added for Class I Landfills. Class I landfills 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 Department of Toxic Substance Control under 22 CCR Chapter 10, s66270.1 et seq. [FN4] 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 total area, 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 category; however a $500 base fee, if required, shall be charged only once. Fees shall be based on the largest discharge size specified in the original or revised report of waste discharge or water quality certification application, or as reduced by the applicant without any SWRCB/RWQCB intervention. If water quality certification is issued in conjunction with waste discharge requirements (WDRs) or is issued for a discharge regulated under preexisting WDRs, the current annual WDR fee as derived from this dredge and fill fee schedule shall be paid in advance during the application for water quality certification, and shall comprise the fee for water quality certification. [FN5] "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 include trenching for utility lines, other earthwork preliminary to construction, and removing sediment to increase channel capacity. [FN6] 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. [FN7] 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 Sec. 1362). [FN8] Threat/complexity categories are listed on page 2 of this document titled "THREAT TO WATER QUALITY." Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code. s 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. s 2200.2 Persons proposing a new discharge shall submit to the Regional Board a report of waste discharge accompanied by a fee equal in amount to the annual fee based on the discharge's TTWQ and CPLX as specified in subsection (a)(2). 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 required to submit a fee with the report of waste discharge. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code. s 2200.3 Failure to pay the annual fee is a misdemeanor and will result in the Regional Board seeking the collection of fees through the enforcement provisions provided pursuant to Water Code section 13261. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code. s 2200.4 Any refund made pursuant to section 13260(e) or for any other reason, shall withhold sufficient funds to cover actual staff time spent in reviewing 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. s 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 renewal is submitted. NEC fees are not subject to ambient water monitoring surcharges. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260.2, Water Code. s 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 Water Board if a fee is specified for the waiver in this section. 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. [FN9] If a discharger is a member of a group that has been approved by the State Water Resources Control Board to manage fee collection and payment, 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 Water Resources Control 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 "discharger" refer to any person who is subject to Order No. R3-2004-0117 issued by the Central Coast Regional Water Quality Control Board, Order No. R4-2005-xxxx issued by the Los Angeles Regional Water Quality Control Board, [FN10] or Order No. R5-2003-0105 issued by the Central Valley Regional Water Quality Control Board. _________ [FN9] 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. [FN10] The Los Angeles Regional Water Board has not adopted its Order as of the date this regulation was adopted. This section shall apply to the proposed Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Land, now proposed for adoption in Summer 2005. This fee schedule will apply to those farms and dischargers as soon as the Regional Water Board approves its order. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13269, Water Code. s 2201. Special Fees for Discharge of Hazardous Waste to Surface Impoundments. (a) Any person discharging any liquid hazardous waste or hazardous waste containing free liquids into a surface impoundment on or after January 1, 1985, including any discharger applying for an exemption pursuant to Health and Safety Code Sections 25208.4, 25208.5, or 25208.13 or any discharger filing a Hydrogeologic Assessment Report (HAR) pursuant to Health and Safety Code Section 25208.8 shall pay the fees prescribed in Subsections (b), (c), and (d) of this section. (b) On or before January 1, 1986, dischargers subject to Subsection (a) of this section shall pay an initial fee calculated as follows: $1,500 for each facility with one or more surface impoundments plus, $150 for each additional surface impoundment at each facility. [FN1] (c)(1) On or before July 1, 1986, and before July 1 of each year thereafter, dischargers subject to Subsection (a) of this section shall pay an annual fee for each facility with one or more surface impoundments, plus a surcharge of ten percent (10%) of the facility fee for each additional surface impoundment at each facility. (2) The amount of the annual facility fee for each fiscal year, starting with the fiscal year which begins on July 1, 1986, shall be set by the State Board on or before May 1, of each year and dischargers shall be notified on or before June 1 of the amount payable. (3) The annual facility fee shall not exceed $4,500. (d) If actual costs incurred by the State Board and regional boards to administer the provisions of Article 9.5 of Chapter 6.5 of Division 20 of the Health and Safety Code at any facility exceed the fees paid by the discharger responsible for the facility pursuant to Sections (b) and (c) of this section, the State Board shall bill the discharger for any balance due. [FN1] Example: Facility with single surface impoundment: $1,500 [FNFacility] with two surface impoundments: $1,650 [FNTwo] facilities, each with single surface impoundment: $3,000 [FNTwo] facilities, each with two surface impoundments: $3,300 (e) Any discharger subject to this section who undertakes removal or remedial actions pursuant to administrative enforcement orders issued by a regional board or the State Board under the authority of or in furtherance of the purposes of Section 25208.6 of the Health and Safety Code, or pursuant to a judicial order implementing Section 25208.6 of the Health and Safety Code, shall be liable for all reasonable costs incurred by the State Board and regional boards for investigation and cleanup oversight in accordance with State Administrative Manual Section 8755.1. The State Board shall bill dischargers for any costs accrued under this subsection. Costs assessed and payable under this subsection are separate from fees due under Subsection (a) of this section. (f) If the full amount of any fee or cost payable under this section is not received by the due date as set in Subsections (b) and (c) of this section or in the bill sent to the discharger pursuant to Subsections (d) and (e) of this section, the discharger shall pay a penalty of one percent (1%) of the unpaid fee for each day of delinquency, up to a maximum penalty of one hundred percent (100%) of the unpaid fee. (g) The State Board and the regional boards shall maintain site-specific records documenting the cost of reviewing and analyzing HARs and performing all other duties required in the administration of Article 9.5 of Chapter 6.5 of Division 20 of the Health and Safety Code including any action and proceedings of a regional board or the State Board with regard to any petition filed pursuant to Health and Safety Code Section 25208.12. These data will be used to determine costs associated with each facility. In determining the costs to be billed to dischargers under Subsections (d) or (e) of this section, the State Board will allow credit for all payments made pursuant to Subsections (b) and (c) of this section prior to the date of billing. Costs assessed to dischargers under this subsection shall include only those costs incurred for implementation of Article 9.5 of Chapter 6.5 of Division 20 of the Health and Safety Code. Costs will be determined in accordance with State Administrative Manual Section 8755.1. Dischargers shall not be billed for tasks funded through other programs. (h) A discharger subject to this section who closes a surface impoundment on or before the deadlines in Sections 25208.4 and 25208.5 of the Health and Safety Code shall not be required to pay annual fees pursuant to Subsection (c) of this section after closure of the impoundment, but shall be liable for actual costs incurred to review the HAR for the closed impoundment to be assessed pursuant to Subsection (d) of this section. (i) Any discharger applying for a renewal of an exemption pursuant to Health and Safety Code Sections 25208.4, 25208.5, and 25208.13 shall pay for the actual costs of processing the application for renewal pursuant to Subsection (d) of this section. (j) "Surface impoundment" does not include underground containers, such as sumps and tanks, which are constructed entirely of artificial materials, such as reinforced concrete, metal, or fiberglass, and which have independent structural integrity (i.e., the container will not collapse or crack if surrounding earthen materials shift, settle, or are removed). Note: Authority cited: Section 25028.3, Health and Safety Code. Reference: Section 25028.3, Health and Safety Code. s 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 under penalty of perjury. The board shall determine the adequacy of a report and fee within the time limits set forth in Government Code Section 65943. Pursuant to Section 13260 of the Water Code, the board may waive the 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. s 2206. Effective Filing Date. When the discharger has submitted all the information required 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. s 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. s 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 requirements pursuant to California Water Code Section 13263 or waive the adoption of such requirements pursuant to Section 13269 as soon as possible for any project deemed approved pursuant to Government Code Section 65956. (c) No application for waste discharge requirements pursuant to Chapter 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: Sections 185 and 1058, Water Code. Reference: Sections 13263 and 13377, Water Code. s 2210. Definition of a Material Change. A material change in the character, location, or volume of the discharge 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 essentially 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. (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 treatment 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 requirements. (e) Increase in area or depth to be used for solid waste disposal beyond that specified in the waste discharge requirements. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13260, 13263 and 13264, Water Code. s 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. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13165 and 13267, Water Code. s 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 periodic status reports should be required. (c) Time schedules should include only dates for complete design, complete financial arrangements, start of construction, 50 percent completion of work, and full compliance with requirements. (d) Time schedules should be periodically reviewed and should be updated, when necessary, to assure the most rapid compliance. s 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 discharger can demonstrate that adequate steps are being taken to address the capacity problem. The notification shall require the discharger to submit a technical report to the regional board within 120 days showing how flow volumes will be prevented from exceeding existing capacity or how capacity will be increased. A copy of such notification shall be sent to appropriate local elected officials, local permitting agencies and the press. The time for filing the required technical report may be extended by the regional board. An extension of 30 days may be granted by the executive officer. Longer extensions may be granted by the regional board itself. (b) The required technical report shall be reviewed, approved and jointly submitted by all planning and building departments having jurisdiction in the area served by the waste collection, treatment, or disposal facilities. (c) Public participation shall be required during the preparation of the technical report. The report shall be accompanied by a statement outlining how interested persons were involved in the preparation of the technical report. (d) Whenever a regional board finds that the waste treatment or disposal facilities of a discharger will reach capacity within four years and that adequate steps are not being taken to address the capacity problem, it shall adopt a time schedule or other enforcement order. Such action shall be preceded by notice and a hearing. (e) A technical report need not be required if the regional board finds that the burden of preparing the report does not bear a reasonable relationship to its need and to the benefits of the report. If a discharger questions that the cost of preparing the technical report bears a reasonable relationship to the need for such a report or the benefits to be obtained therefrom, the discharger may appeal to the regional board for relief within 30 days of the date of the notice. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13225, 13267, 13300 and 13301, Water Code. s 2232.1. Certification of Supervisors and Operators of Municipal Wastewater Treatment Plants. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 9 (commencing with Section 13625 of Division 7), Water Code. s 2232.2. Periodic Review of Waste Discharge Requirements. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13263(e), Water Code. s 2233. Other Terms and Conditions to Be Included in Waste Discharge Requirements. (a) A condition 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 have 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 wastewater where deemed appropriate by the state board or regional board. (b) In cases where an operating entity does not have an adequate pretreatment program, a time schedule shall be included with the waste discharge 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 effectiveness of the local pretreatment program. (d) Conditions shall be included in waste discharge requirements for all publicly owned wastewater treatment plants requiring the following: (1) That supervisors and operators of plants shall possess a certificate of appropriate grade in accordance with Title 23, California Administrative Code Section 3680. (2) That each plant shall be operated and maintained in accordance with the operation and maintenance manual prepared by the municipality through the Clean Water Grant Program. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13000, 13263 and 13627, Water Code. s 2234. Inspections. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13263 and 13267, Water Code. s 2235. Definitions. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code. s 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 compliance with the applicable federal regulations governing the NPDES permit program promulgated by EPA. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code. s 2235.2. Compliance with Regulations of the U.S. Environmental Protection Agency. Waste discharge requirements for discharge from point sources to nagivable waters shall be issued and administered in accordance with the currently applicable federal regulations for the National Pollutant Discharge Elimination System (NPDES) program. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code. s 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 requirements of Sections 2230(c), 2232 and 2233. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13263, Water Code. s 2235.4. Continuation of Expired Permits. The terms and conditions of an expired permit are automatically continued 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, Water Code. Reference: Sections 13376 and 13377, Water Code. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code. s 2236. Bay Protection and Toxic Cleanup Annual Fees. (a) All point and nonpoint dischargers who discharge directly into enclosed 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 contiguous 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 pursuant to Section 13396.5 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 Elimination 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 accordance 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 $ 8,000 I-c $ 5,000 II-a $ 4,000 II-b $ 2,000 II-c $ 1,000 III-a $ 500 III-b $ 400 III-c $ 300 (1) Rating is based on the relative threat of the discharge to water quality and complexity, as defined in Title 23, Section 2200(a)(2), California Code of Regulations. (2) Discharges from public and private educational institutions resulting from the use of seawater to maintain marine organisms for educational 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 accordance with the following schedule: Population Fee Less than 10,000 $ 1,000 10,000 to 99,999 $ 2,500 100,000 to 249,999 $ 5,000 250,000 and greater $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 stormwater discharge shall pay a fee based on the population served by the drainage system in accordance with the schedule shown in this paragraph. (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 Fee Less than 100 0 100 to 999 $ 500 1,000 to 9,999 $1,500 10,000 to 50,000 $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 additional acre. A. Annual fees for discharges from agricultural practices may be paid by regional entities. Regional entities must meet the following requirements: 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 managerial capability to pay annual fees for member growers. B. If regional entities have not been identified to the State Board the fees shall be assessed on individual agricultural discharges. (3) Each boat construction facility or repair facility or hull cleaning operation 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 launching or docking facility which discharges to waters described in Subsection (a) shall be subject to an annual fee based on number of vessel slips or moorings, in accordance with the following schedule: Slips/Moorings Fee Less than 300 $ 0 300 to 499 $ 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 which 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 $ 0 $ 0 $ 0 30,000 - 99,999 $ 1,500 $ 1,000 $ 0 100,000 - 299,999 $ 4,500 $ 3,000 $1,000 300,000 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 failing 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 equation: Excess Collected X Fee Paid = Reduction Amount ___________________ Total of All Fees Paid by Dischargers who Made Full and Timely Payments (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 Subsections (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 collected as a part of the Bay Protection and Toxic Cleanup Program and information 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. s 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. s 2241. Compliance Requirements. s 2242. Threatened Violations of Time Schedules. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13300, Water Code. s 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 comply forthwith. "Forthwith" means as soon as is reasonably possible. (b) Time schedules should be periodically reviewed and updated to assure compliance at the earliest possible date. s 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 violation of requirements and thereby prevent an increase in unreasonable impairment 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 increase 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 governmental connections as deemed appropriate. (f) Upon adoption of any cease and desist order which contains a prohibition or restriction on additional discharges, the regional board shall send written notification to all appropriate local agencies. s 2244.1. Exclusions from Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems. (a) Orders prohibiting or restricting additional discharges should expressly 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 issue 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 government building is exempted from the permit process) an order prohibiting or restricting additional discharges should expressly exclude such structures if construction has commenced. (b) The following should also be excluded from prohibitions and restrictions: (1) Discharges from existing dwellings not connected to the sewer system which have methods of waste disposal which are causing more severe water quality problems than those caused by the community sewer system. (2) Discharges which, by reason of special circumstances, if not allowed to connect 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 exception 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. s 2244.2. Means of Obtaining Exclusions Provided for by Section 2244.1(b). (a) Persons wishing to obtain an exclusion from a prohibition or restriction 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 requests for an exclusion and in any event within sixty (60) days of its receipt. (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. s 2244.3. Removal of Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems. (a) Prohibitions or restrictions on additional discharges shall not be removed until the violations of requirements which were the basis for imposing the prohibitions or restrictions have ceased and consistent compliance 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 compliance with requirements will be completed and placed into operation by the discharger in the shortest practicable time, and (4) that all practicable interim repairs and improvements to the treatment process of the discharges which can be made have been made, and (5) that during the interim period of time until compliance with requirements can be fully achieved the treatment process of the discharges will be so managed, operated, 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) hereof, 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 consistent compliance with requirements has been achieved. (d) Removal of the prohibition or restriction may be total or by volume, type, or concentration of waste as improvements to the treatment and disposal facilities are placed in operation. s 2245. Immediate Corrective Measures. (a) Each discharger should be expected to construct emergency facilities or modify existing plant operation to achieve rapid compliance. (b) Emergency facilities which should be constructed immediately include chemical treatment, additional disinfection, ponding with or without 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. s 2250. Reportable Quantity for Sewage. (a) For the purposes of Section 13271 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 resulting from the intentional or unintentional diversion of wastewater from a collection, treatment or disposal systems. Note: Authority cited: Section 1058, Water Code. Reference: Section 13271, Water Code. s 2251. Reportable Quantities for Hazardous Wastes or Hazardous Substances. For the purposes of Section 13271 of the Water Code, the reportable quantities for hazardous substances developed by the U.S. Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as contained in 40 CFR Part 302 dated July 1, 1987 shall be in effect. Note: Authority cited: Section 1058, Water Code. Reference: Section 13050, Water Code; and Section 13271, Water Code. s 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 requirements, or other provisions of Division 7 of the Water Code. Note: Authority cited: Section 1058, Water Code. Reference: Section 13271, Water Code. s 2300. Statement of Intent. Note: Authority cited: Sections 185 and 13169, Water Code. s 2301. Policy on the Cleanup of Oil Spills. s 2302. Scope of Regulations. s 2303. Revision of Regulations. s 2304. Definitions. s 2310. Licensing Requirement. s 2310.1. Application Fee and Deposit. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2311. Contents of Application. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2311.1. Standardized Tests and Product Testing. s 2312. Responsibility of an Applicant. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2313. Standardized Tests and Product Testing. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2314. Licensing Criteria. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2315. Issuance of License. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2316. Term of License. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2317. Labeling Requirement. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2318. Legal Responsibility. s 2320. Use of an OSCA Prior to Licensing. s 2321. Interim Toxicity Criterion. s 2330. Supervision and Enforcement of Use. s 2331. Applicability of Regulations for Use. s 2332. Requirements for the Use of OSCA. Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code. s 2333. Observance of Manufacturer's Recommendations. s 2334. Emergency Authorization for Use of Unlicensed OSCA. s 2335. Experimental Use of OSCA. s 2336. OSCA Endorsement. Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13160, Water Code. Note: Authority cited: Section 185, Water Code. Reference: Sections 13160 and 13320, Water Code. Note: Authority cited: Section 1058, Water Code. Reference: Stats. 1979, Chapter 753. s 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 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 minimum standards for proper management of each waste category. Regional boards may impose more stringent requirements to accommodate regional and site-specific conditions. In addition, the requirements of this chapter apply to cleanup and abatement actions for unregulated discharges to land of hazardous waste (e.g., spills), taken pursuant to PIII.F.2. of SWRCB Resolution No. 92-49 (Section 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 prescriptive standards contained in this chapter may be considered. Alternatives 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 alternative that (A) is consistent with the performance goal addressed by the particular construction or prescriptive standard; and (B) affords equivalent protection against water quality impairment. (c) To establish that compliance with prescriptive standards in this chapter is not feasible for the purposes of subsection (b) of this section, the discharger shall demonstrate that compliance with a prescriptive standard: (1) is unreasonably and unnecessarily burdensome and will cost substantially more than alternatives which meet the criteria in subsection (b) of this section; or (2) is impractical and will not promote attainment of applicable performance standards. Regional boards shall consider all relevant technical and economic factors including, but not limited to, present and projected costs of compliance, potential costs for remedial action in the event that waste or leachate is released to the environment, and the extent of ground water resources which could be affected. (d) Waste management units which are operating, or have received all permits necessary for construction and operation, on or before November 27, 1984 shall be designated as existing waste management units. This includes disposal sites classified under previous regulations and unclassified waste management units. Dischargers shall continue to operate existing 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. Dischargers 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 provisions of this chapter, as summarized in Table 3.1 and in Subsection 2540(d) of this chapter. Pending review and reclassification, the following 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 management units, regional boards shall consider the results of monitoring programs developed under subsection (d)(1) of this subsection and technical 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 construction 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 management 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 program in accordance with Article 5 of this chapter. If water quality impairment 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 specifically referenced in Article 7. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13142, 13260 and 13263, Water Code. s 2511. Exemptions. The following activities shall be exempt from the provisions of this chapter. (a) Discharges of domestic sewage or treated effluent which are regulated 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 requirements, 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 Title 22 of this code as a hazardous waste. (c) Discharges of waste to wells by injection pursuant to the Underground Injection Control Program established by the United States Environmental Protection Agency (USEPA) under the Safe Drinking Water Act, (42 U.S. Code Section 300[h], see Title 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; provided 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. (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 adversely 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 management unit with a leachate collection and removal system operated under waste discharge requirements issued by the regional board, or returned to the waste management unit(s) from which it came; and (3) the discharger shall submit a report of waste discharge to the regional board pursuant to Article 9 of this chapter, and shall discharge condensate 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 operations, provided that such discharges are to on-site sumps and do not contain halogenated solvents. At the end of drilling operations, the discharger 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 nonhazardous. If the sump has appropriate containment features, it may be reused. (h) Recycling or other use of materials salvaged from waste, or produced 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 concrete-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. s 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, storage, 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 provisions 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 assessment 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 satisfaction of the regional board, that a particular waste constituent or combination 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 accordance with the criteria established in Article 3 of this subchapter, and for which waste discharge requirements have been prescribed or waived pursuant to Article 9 of this subchapter. Table 2.1 presents a summary of discharge 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 impair the integrity of containment structures; (2) wastes which, if mixed or commingled with other wastes under conditions, produce violent reaction, heat or pressure, fire or explosion, toxic by products, 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 compatible with containment features and other wastes at a waste management 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, shall be discharged 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. Exceptions 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 hazardous 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, provided 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 not 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-holding 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 discharged 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 50 percent solids), other than dewatered sewage or water treatment sludge as described in Subsection 2523(c) of this article, shall not be discharged to Class III landfills. Exceptions may be granted by the regional board if the discharger can demonstrate that such discharge will not exceed the moisture-holding capacity of the landfill, either initially or as a result of waste management operations, compaction, or settlement. TABLE 2.1. SUMMARY OF WASTE MANAGEMENT STRATEGIES FOR DISCHARGES OF WASTE TO LAND [FN1] ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Waste Sitting Waste Management Primary and Waste Management Unit Contain- Geologic ____________ Category [FN2], Strategy Class Type ment [FN4] Criteria [FN5] [FN3] ------------------------------------------------------------------------------- Liquid Full I Surface Double (a) Natural fea- Hazardous 6 containment Impoundment Liners [FN7] tures capable of containing waste and leachate as backup to primary containment. ------------------------------------------------------------------------------- Solid Full I Landfill Double Hazardous 6 Containment Liners [FN7] Dry Full I Waste Double (b) Not located Solid Containment Pile Liners in areas of [FN7], [FN8] unacceptable risk from Hazardous [FN6] geologic or enviromental hazards. ------------------------------------------------------------------------------- Liquid Full II Surface Double (a) Natural fea- Designated Containment Impoundment Liners tures, capable [FN7], [FN9] (including of containing underwatered waste and sludge) leachate may satisfy primary contain- requirements ------------------------------------------------------------------------------- Solid Full II Landfill Single Designated Containment Dry Full II Waste Single (b) May be loc- Solid Containment Pile Liner ated in most [FN10], [FN11] Designated areas except high risk areas. ------------------------------------------------------------------------------- Nonhazardous Protect III Landfill None [FN12] (a) Consider- Solid Waste Beneficial ation of factors (including de- Uses listed in watered sludge Subsection and acceptable 2533(b) [FN12] incinerator ash) (b) May be loc- ated in most areas except high risk areas. ------------------------------------------------------------------------------- [FN1] See Sec. 2510 for applicability to existing facilities. [FN2] Waste in any category may be discharged at waste management units with higher levels of containment ability. [FN3] Wastes suitable for land treatment in any category may be discharged at land treatment facilities. [FN4] See Article 4 of this subchapter. [FN5] See Article 3 of this subchapter. [FN6] Certain hazardous wastes may be discharged at Class II waste management units, see Sec. 2522(a)(2). [FN7] Leachate collection and removal system (LCRS) required. [FN8] Single liner may be acceptable, see Table 4.1. [FN9] Suitable natural features may satisfy requirements for outer liner where double liners are needed. Single replaceable clay liner (no LCRS) also acceptable. [FN10] Suitable natural features may satisfy primary containment requirement. [FN11] LCRS required as appropriate. [FN12] Units at sites not meeting sitting and geologic criteria must have a single liner and LCRS. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 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 11 of Division 4.5 of Title 22 of this code. (b) Hazardous wastes shall be discharged only at Class I waste management units which comply with the applicable provisions of this chapter unless wastes qualify for a variance under Section 66260.210 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 (s66268.1 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 13050 and 13172, Water Code. s 2522. Designated Waste. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2523. Nonhazardous Solid Waste. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2524. Inert Waste. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2530. Classification and Siting Criteria. (a) Waste management units shall be classified according to their ability to contain wastes. Containment shall be determined by geology, hydrology, topography, climatology, and other factors relating to the ability of the waste management unit to protect water quality. A waste management facility may consist of several waste management units each with a different classification. [Note: for Units that receive only solid waste, see s20200- s20260, 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 appropriate 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 2510(d) of this chapter. (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 underlying ground water. Existing landfills, waste piles, and surface impoundments shall be operated to ensure that wastes will be a minimum of 5 feet above the highest anticipated 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 exemption 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 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 13172 and 13360, Water Code. s 2531. Class I: Waste Management Units for Hazardous Waste. (a) Class I disposal units shall be located where natural geologic features 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 following categories: (1) existing units at disposal sites approved as Class I under previous regulations and any expansion or reconstruction thereof (designated as "I" in Table 3.1); (2) existing units at disposal sites approved as limited Class I ( "I") or Class II-1 ( "II-1") 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 described 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<>- 7cm/sec, and which are of sufficient thickness to prevent vertical movement of fluid, including waste and leachate, from waste management 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<>-7 cm/sec could impair the competence of natural geologic materials 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 movement of fluid, including waste and leachate. (c) Flooding -New disposal units and existing units in Category I other than existing land treatment units, shall be located outside of floodplains subject to inundation by floods with a 100-year return period. Other existing units and new treatment and storage units may be located within such floodplains provided that such units are designed, constructed, 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 Categories II-1 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, I', 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, constructed, 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 within these areas if designed, constructed, and maintained to preclude failure due to such events. Table 3.1 Geologic and Siting Criteria for Class I Waste Management Units Waste Management Unit Classification Site Charac- Reclassification of teristics New Class I Existing Class I [FN1] ------------------------------------------------------------------------------- Geologic Maximum attainable isolation I I [FN1] II-I T/S <>REC EX Setting from ground water; see Section Yes Yes Yes Yes Yes Yes 2531(b) of this article. ------------------------------------------------------------------------------- Flooding Outside of 100-year Yes No [FN5] No [FN5] No [FN5] No [FN5] No [FN5] floodplain. [FN4] ------------------------------------------------------------------------------- Ground 200 [FN1] setback from known Yes Yes No [FN5] No [FN5] Yes Yes Rupture Holocene fault. ------------------------------------------------------------------------------- Rapid Outside subject area Yes Yes No [FN5] No [FN5] No [FN5] Yes Geologic (potential to impair Change containment) [FN4] ------------------------------------------------------------------------------- Tidal Outside subject No siting restriction [FN5] Waves [FN6] coastal areas. [FN4] ------------------------------------------------------------------------------- "Yes" means the unit shall comply with requirements for new Class I facilities. [FN1] This category is defined in Subsection 2531(a) of this article. [FN2] [Reserved.] [FN3] [Reserved.] [FN4] 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 environmental hazards involved. [FN5] Exemption from siting criteria does not release dischargers from the obligation to protect waste management units from the geologic or environmental hazards involved. Exemption is conditions on such protection. [FN6] "Tidal waves" includes tsunamis, seiches, and surge condition. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 2532. Class II: Waste Management Units for Designated Waste. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 2533. Class III: Landfills for Nonhazardous Solid Waste. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 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 adjacent 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 collection and removal systems as described in Sections 2542 and 2543 of this article as feasible. Existing Class I landfills and waste piles shall have interim cover as described in Section 2544 of this article. Existing Class I landfills, waste piles, and surface impoundments shall be fitted with subsurface barriers as described in Section 2545 of this article as needed and feasible, and shall have precipitation and drainage control facilities as described in Section 2546 of this article. Existing Class I surface impoundments shall comply with Section 2548 of this article. New and existing Class I land treatment units shall comply with Section 2549 of this article. All existing Class I waste management units shall comply with the seismic design criteria in Section 2547 of this article. (e) Containment structures shall be designed by and construction shall be supervised and certified by a registered civil engineer or a certified engineering geologist. Facilities shall receive a final inspection and approval of the construction by regional board or State Board staff before use of the facility commences. (f) The integrity of containment structures shall be maintained. Excavations made as part of discharge operations shall not result in removal of any portion of a containment structure. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 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 cover shall be relative to the fluids, including waste and leachate, to be contained. 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 permeabilities 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 leachate) 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 suitable fine-grained soils which have the following characteristics, and which, in combination, can be compacted to attain the required permeability 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 Unified Soil Classification system. (e) Construction standards for waste management units other than land treatment are given on Table 4.1 and in Figure 4.1. Table 4.1. Construction Standards for Waste Management Units [FN1] [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* ------------------------------------------------------------------------------- Waste Type of Leachate Waste Mgmt Unit Management Synthetic Collection and Classification Unit Clay Liner [FN(2)] Liner Removal System ------------------------------------------------------------------------------- Class I Landfill required, required required, [FN(7)] blanket < 1*10<>-7 type cm/sec Surface double liner [FN(3)] required required, [FN(8)] blanket Impoundment < 1*10<>-7 type cm/sec Waste Pile optional [FN(4)] may be required, [FN(9)] < 1*10<>-7 required blanket type cm/sec ------------------------------------------------------------------------------- 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.... ******************************************************************************* ******* This is piece 2. -- It begins at character 80 of table line 1. ******** ******************************************************************************* -------------------------------------------------------------------- Capacity of Subsurface Barriers Precipitation and Interim Cutoff Grout Drainage Control Cover Walls Curtains Facilities -------------------------------------------------------------------- required < 1*10<>-7 < 1*10<>-7 probable cm/sec cm/sec [FN(10)] maximum precipitation < 1*10<>-7 < 1*10<>-7 cm/sec cm/sec [FN(10)] required < 1*10<>-7 < 1*10<>-7 cm/sec cm/sec [FN(10)] -------------------------------------------------------------------- 80..+...90....+....0....+...10....+...20....+...30....+...40....+...50 ******************************************************************************* ******* This is piece 3. -- It begins at character 150 of table line 1. ******* ******************************************************************************* ----------- Seismic Design ----------- withstand maximum credible earthquake ----------- 150.....60. [FN1] Applicable regulations in this article may provide for exemptions to certain requirements. Subsection 2540(d) of this article describes applicability to existing facilities. [FN2] All permeabilities specified in this table are maximum allowable permeabilities. [FN3] 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. [FN4] 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 landfill 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. [FN5] [Reserved.] [FN6] [Reserved.] [FN7] Synthetic inner liner required in addition to a clay outer liner unless exempted pursuant to Subsection2510(b) of this chapter. [FN8] Synthetic inner liner required in addition to a clay liner 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. [FN9] 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. [FN10] Cutoff walls required where there is potential for lateral movement of fluid, including waste or leachate. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 2542. Liners. (a) Liners shall be designed and constructed to contain the fluid, including 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 materials 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. s 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. (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, maintained, and operated to collect and remove twice the maximum anticipated 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 hydraulic 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 operated 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 operation. The results of the tests shall be compared with earlier tests made under comparable conditions. (e) Leachate collection and removal system shall consist of a permeable 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 thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the waste management units. (f) [Reserved.] (g) Collected leachate shall be system returned to the waste management unit(s) from which it came or discharged in another manner approved 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 leachate 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, Water Code. Reference: Sections 13172 and 13360, Water Code. s 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 percolation of precipitation through wastes. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 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 leachate. (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 contaminated natural geologic materials present between the cutoff wall(s) 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 upgradient of the structure. The systems shall be designed, constructed, operated, and maintained to prevent the buildup of hydraulic head against the structure. 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, including 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 13172 and 13360, Water Code. s 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 diverted by covers or drainage control systems shall be collected and managed through the leachate collection and removal system, which shall be designed and constructed to accommodate precipitation conditions specified 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 system. (e) Surface and subsurface drainage from outside of a waste management 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 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 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. s 2548. Special Requirements for Surface Impoundments. (a) Surface impoundments shall have sufficient freeboard to accommodate seasonal precipitation and precipitation conditions specified in Table 4.1 of this article but in no case less than 2 feet (measured vertically), and shall be designed and constructed to prevent overtopping as a result of wind conditions likely to accompany such precipitation conditions. A freeboard of less than 2 feet may be allowed at interior surface impoundments of a waste management facility where potential overflows would be to exterior surface impoundments, the operation implements a properly developed water balance plan, and the facility is provided 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 conditions 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 containment 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 prevent scouring of containment structures at points of discharge into the impoundments and by wave action at the waterline. (f) All visible portions of synthetic liners shall be inspected weekly until all free liquid is removed from the surface impoundment as part of closure. If, during the active life of the impoundment, the wastes are removed 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 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 2549. Special Requirements for Land Treatment Facilities. (a) Dischargers operating land treatment facilities shall comply with the general criteria specified in Subsections 2541(a) and (d) of this article, 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 immobilization of waste constituents in the treatment zone. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code. s 2550. Applicability. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2550.0. Applicability. (a) The regulations in this article apply to owners or operators of facilities that treat, store, or dispose of hazardous waste at Class I waste management 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, characterizing, and responding to releases to ground water, surface water, or the unsaturated zone. Additionally, notwithstanding any other provision of Article 1 of this chapter, the provisions of this article apply to all waste management units that received hazardous waste between July 26, 1982, and December 8, 1984. Furthermore, s2550.4 of this article also applies to all determinations of alternative cleanup levels for unpermitted discharges to land of hazardous waste, pursuant to PIII.G. of SWRCB Resolution No. 92-49 (Section 2907, Title 23 of this code) [s20400 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 requires the discharger to obtain and maintain assurances of financial responsibility 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 pursuant to subsection (c) of this section and section 2550.12 of this article. The discharger 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 discharged as of 7- 1-91 shall obtain financial assurances prior to discharging 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 with the water quality protection standard for a period of three consecutive years; and (2) all waste, waste residues, contaminated containment system components, contaminated subsoils, and all other contaminated materials are removed or decontaminated at closure. (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 construction or operation on or before 7-1-91, the discharger shall propose monitoring programs which comply with the provisions of this article and submit these proposed programs to the regional board. Owners or operators of Class I units shall make this submittal 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 according to a schedule of compliance established by the regional board. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 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 management unit at the facility as follows. (1) The discharger shall institute a detection monitoring program under 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 significant 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 physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained 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 pursuant 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 application for an amended report of waste discharge for corrective action submitted by the discharger during an evaluation monitoring program pursuant to subsection 2550.9(d) of this article. (b) The regional board shall specify in the waste discharge requirements 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 potential adverse effects on human health or the environment that might occur before final administrative action on an amended report of waste discharge to incorporate such a program could be taken. (c) In conjunction with an evaluation monitoring program or a corrective 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, Water Code. Reference: Sections 13172, 13263, 13267, and 13304, Water Code. s 2550.2. Water Quality Protection Standard. (a) For each Class I waste management unit, the regional board shall establish a water quality protection standard in the waste discharge requirements. This water quality protection standard shall consist of the list of constituents of concern under section 2550.3 of this article, the concentration limits under section 2550.4 of this article, and the point of compliance and all monitoring points under section 2550.5 of this article.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, Water Code. s 2550.3. Constituents of Concern. For each Class I waste management unit, the regional board shall specify in the waste discharge requirements the constituents of concern to which the water quality protection standard of section 2550.2 of this article 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: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code. s 2550.4. Concentration Limits. [Note: The special applicability of this section is described in s2550.0(a) of this article; see also s2510(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 propose one of the following for each medium (including ground water, surface water, and the unsaturated zone) that is monitored pursuant to section 2550.7 of this article (or that is included in a cleanup and abatement action under SWRCB Resolution No. 92-49): (1) a concentration limit not to exceed the background value of that constituent as determined pursuant to subsection 2550.7(e)(11)(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 constituent, as determined pursuant to subsection 2550.7(e)(11)(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 limit 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: (1) more than one background condition exists within a particular medium; (2) the statistical method approved for a constituent uses intra-well comparisons procedures; or (3) concentration limits greater than background have been established 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 background value for that constituent and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the concentration limit greater than background is not exceeded. In making this finding, the regional board shall consider the factors 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 additional 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 (I) 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 established 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 concentration that would be allowed under other applicable statutes or regulations (e.g., Maximum Concentration Limits established under the federal 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 establishing MCL's are located in 40 CFR Part 141, Subpart B], etc.). (f) For ground water, in evaluating risk pursuant to subsection (d) of this section to any biological receptor, the risk shall be evaluated as if exposure 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 biological receptor. In the absence of scientifically valid data to the 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 similar toxicological effects or having carcinogenic effects. (h) A concentration limit greater than background may only be applied during corrective action, or during detection monitoring following corrective action, at monitoring points at which statistically significant evidence of the release has been determined. (i) When a detection monitoring program incorporating a concentration limit greater than background is reinstated after a corrective action program has been terminated, each concentration limit greater than background shall be re-evaluated during each review of waste discharge requirements or at least every five years. If the regional board, upon re-evaluation, determines that the concentration of a constituent of concern in ground water, surface water, or the unsaturated zone is lower than its associated concentration limit by a statistically significant amount, the concentration limit for that constituent shall be lowered to reflect current water quality. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code. s 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 compliance at which the water quality protection standard of section 2550.2 of this article applies. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management unit that extends through the uppermost aquifer underlying the unit. For each Class I waste management unit, the regional board shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 2550.7 of this article at which the water quality protection standard under section 2550.2 of this article applies 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 containment or structural feature of any of the units, the point of compliance may be located at the hydraulically downgradient limit of an area described 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. s 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 compliance 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 initiates an evaluation monitoring program meeting the requirements of section 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 discharger can demonstrate that the waste management unit has been in continuous 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. s 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 discharger 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 release 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 locations 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 locations and depths to yield ground water samples from the uppermost aquifer to provide the best assurance of the earliest possible detection of a release from the waste management unit; 3. a sufficient number of monitoring points and background monitoring 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 subsections (b)(1)(B)1. and (b)(1)(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 monitoring points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the best assurance of the earliest 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 locations 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 monitoring 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)(1)(C)1. 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 monitoring 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 article: 1. a sufficient number of monitoring points installed at appropriate locations 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 program; 2. a sufficient number of monitoring points and background monitoring 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)(1)(D)1. 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 monitoring 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 management unit if the discharger demonstrates to the satisfaction of the regional board that sampling at other monitoring points will provide samples that are representative of the background quality of ground water or are more representative than those provided by the upgradient monitoring points. (3) Copies of drillers' logs which the Department of Water Resources requires to be submitted pursuant to section 13751 of the California Water 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 appropriately screened and fitted with an appropriate filter pack to enable collection of representative ground water samples. (6) For each monitoring well, the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval 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 contamination of samples. (7) All monitoring wells shall be adequately developed to enable collection 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: (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 appropriate locations and depths to yield samples from each surface water body 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 appropriate locations and depths to yield samples from each surface water body that provide the data 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 article, 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 program. (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 liquid 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 appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid 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 appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the data 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 article, 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 compliance with the water 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 satisfaction of the regional board that such methods of unsaturated zone monitoring cannot provide an indication of a release from the waste management unit. The regional board shall require complimentary or alternative (non-liquid recovery) types of unsaturated zone monitoring to provide 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 management 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 operated or has received all permits necessary for construction and operation before 7-1-91, unsaturated zone monitoring is required unless the discharger demonstrates to the satisfaction of the regional board that either there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existent at that waste management unit or that installation of unsaturated zone monitoring devices would require unreasonable dismantling or relocating of permanent structures. (e) General Monitoring Requirements. (1) All monitoring systems shall be designed and certified by a registered geologist or a registered civil engineer. (2) All monitoring wells and all other borings drilled to satisfy the requirements 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 Geotechnical Branch Training Manuals No. 4, 5, and 6, published by the United States Bureau of Reclamation in January of 1986 (available from Bureau of Reclamation, Engineering 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 earliest 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 ensure that monitoring results provide a reliable indication of water quality at all monitoring points and background monitoring points. At a minimum, the program 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 of each constituent of concern and the concentration or value of each monitoring parameter. (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)(11) of this section. At a minimum, this data shall include analytical data obtained during quarterly sampling of all background monitoring points for a period of one year, including the times of expected highest and lowest annual elevations of the ground water surface. For a new waste management 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 section, 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 regional 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 criteria to be used for determining statistically significant evidence of any release 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 parameter at each monitoring point. Where practical quantitation limits are used in any of the following statistical methods to comply with subsection (e)(9)(E) of this section, the practical quantitation limit shall be proposed by the discharger for approval by the regional board. The discharger 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 methods: (A) a parametric analysis of variance (ANOVA) 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 estimation and testing of the contrasts between each monitoring point's mean and the background mean value for each constituent 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 estimation and testing of the contrasts between each monitoring point's median 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 constituent 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 constituent 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 include either a single "composite" retest (i.e., a statistical analysis that augments and reanalyzes the data from the monitoring point that indicated a release) or shall consist of at least two "discrete" retests (i.e., statistical 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 confirmation 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)(12)(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 entire 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 statistical verification procedure shall be based on all data obtained from the initial sampling event combined with all data obtained during the resampling 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 statistical test method used shall be the same as the method used in the initial statistical comparison, except that the statistical test used in the verification 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 statistical comparison; b. For a verification procedure containing discrete retests, the statistical 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 (1-[0.95]I/M*W*S)0.5 * (1/R)0.5 or ----------------------------------------------- 1-(0.99)1/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 management 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 constituent(s) which has shown statistically significant evidence of a release, and shall be performed for those monitoring points at which a release is indicated. (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 constituent of concern or monitoring parameter is shown by the discharger to be inappropriate for a normal theory test, then the data shall be either transformed so that the distribution 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 quality 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. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts; (C) if a control chart approach is used to evaluate water quality monitoring 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 regional 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 comparison 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 regional 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 considering the number of samples in the background data base, the data distribution, and the range of the concentrations or values for each constituent of concern or monitoring parameter. The coverage of any tolerance interval used shall be no more than 95 percent and the confidence coefficient 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 protective of human health and the environment. Any practical quantitation limit approved by the regional board pursuant to subsection (e)(7) of this section that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the waste discharge requirements for routine laboratory 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 Regulations (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 monitoring points for a monitored medium shall also be applied to all newly-acquired background data from that medium. Any newly-acquired background 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 procedure for determining a background value for each constituent of concern and for each monitoring parameter specified in the waste discharge requirements. These procedures shall be proposed for ground water, surface 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 constituent 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 greatest 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 section, the regional board shall specify in the waste discharge requirements one of the following for each constituent of concern and for each monitoring parameter: (A) a background value established by the discharger using the procedure proposed pursuant to subsection (e)(10)(A) of this section; or (B) a detailed description of the procedure to be used by the discharger for establishing and updating a background value as proposed pursuant to subsection (e)(10)(B) of this section. (12) For each constituent of concern and monitoring parameter listed in the waste discharge requirements, the discharger shall propose, for approval by the regional board, the sampling methods to be used to establish background values and the sampling methods to be used for monitoring 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 accepted statistical 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 management 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 potentiometric surface. The sampling method shall assure, to the greatest extent 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 the 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 withdrawn from the well bore for the post-sampling purge shall be determined 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 statistical analysis carried out at least semi-annually. The regional board shall require more frequent sampling and statistical analysis where 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 performed 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 each monitoring point and background monitoring point and shall submit these graphs to the regional board at least once annually, except that graphs are not required 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 monitoring data. Unless the discharger receives written approval from the regional board to use an alternate procedure that more effectively illustrates trends or variations in the data, each graph shall represent data from one monitoring point or background monitoring point and one constituent of concern or monitoring parameter. (15) In addition to the 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 additional 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 specify 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. s 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 provisions of section 2550.7 of this article. (c) The discharger shall establish a background value pursuant to subsection 2550.7(e)(11) of this article for each monitoring parameter specified 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 standard under section 2550.2 of this article in the waste discharge requirements. (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 physical 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 unsaturated zone. (f) The discharger shall monitor for the monitoring parameters listed in the waste discharge requirements pursuant to subsection (e) of this section. The regional board shall specify the frequencies for collecting samples 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 evidence of a release for any constituent of concern using the statistical procedure specified pursuant to subsection 2550.7(e)(7) of this article. The regional board shall specify in waste discharge requirements the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated 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 statistical 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 management unit for any monitoring parameter specified in the waste discharge requirements pursuant to subsection (e) of this section at a frequency specified pursuant to subsection (f) of this section. (1) In determining whether statistically significant evidence of a release from the waste management unit exists, the discharger shall use the method(s) specified in the waste discharge requirements pursuant to subsection 2550.7(e)(7) of this article. This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data. (2) The discharger shall determine whether there is statistically significant evidence of a release from the waste management unit at each monitoring point within a reasonable period of time after completion of sampling. 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 facilities 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 statistically significant evidence of a release from the waste management unit. If the regional board makes such a finding, the discharger shall comply with the provisions of this section that are required in response to statistically significant 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 finding and shall provide written notification by certified mail within seven days of such determination. The notification shall, for each affected monitoring point, identify the monitoring parameters and constituents of concern 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 article, 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 (j)(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 management unit in the affected medium (ground water, surface water, or the unsaturated zone) and determine whether constituents in the list of Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations (Appendix IX) are present, and if so, in what concentration(s); (3) for any Appendix IX constituents found at a monitoring point pursuant to subsection (k)(2) of this section, that are not found in comparable 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 within one month and repeat the analysis for those constituents. Any constituent 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 during 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 monitoring point is comparable to the concentration it exhibits at the background 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 concentration for that constituent and for selecting an appropriate statistical procedure 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)(10) of this article; and (D) establish the background concentration pursuant to subsection 2550.7(e)(11) 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 discharge to establish an evaluation monitoring program meeting the provisions of section 2550.9 of this article. The report shall include the following 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 constituent 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 180 days of determining statistically evidence of a release, submit to the regional board an engineering feasibility study for a corrective 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 taken to achieve background concentrations for all constituents of concern; and (7) if the discharger determines, pursuant to subsections (g) or (i) of this 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 addition to or in lieu of submitting both an amended report of waste discharge pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the discharger 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 management 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 demonstration 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 discharge to make any appropriate changes to the detection monitoring program; and (D) continue to monitor in accordance with the detection monitoring program established pursuant to this section. (l) If the discharger determines that there is significant physical evidence of a release as described in subsection 2550.1(a)(3) of this article or that the detection monitoring program does not satisfy the requirements of this section, the discharger shall: (1) notify the regional board by certified mail within 7 days of such determination; 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 monitoring program does not satisfy the requirements of this section the regional 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 appropriate changes to the program. (n) For any Class I waste management unit for which a detection monitoring program is established after the successful completion of a corrective 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 medium due to a release from that waste management unit; and (2) the discharger shall analyze samples from all ground water monitoring points at the point of compliance for that waste management unit and determine the concentration of each constituent contained in Appendix IX at least annually during any remaining years of the compliance period. If the discharger finds either an Appendix IX constituent at a concentration above the concentration limit established in the waste discharge requirements for that constituent or one that is not already identified in the waste discharge requirements as a monitoring parameter, the discharger may resample within one month of the original sample and repeat the analysis for those constituents . If the discharger does not resample or if the resampling confirms that the concentration limit for a constituent 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 requirements for ground water, unless the discharger demonstrates to the satisfaction of the regional board that the concentration of that constituent at the monitoring point is comparable to the concentration it exhibits at the background monitoring points for that unit; and (C) if a constituent is added to the list of monitoring parameters, pursuant to subsection (n)(2)(B) of this section, the discharger shall immediately collect samples and conduct statistical tests for each monitoring parameter to determine whether there is statistically significant evidence of a release from the unit. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263 and 13267, Water Code. s 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 monitoring program shall be used to assess the nature and extent of the release from the waste management unit and to design 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 affected by the release. The discharger shall complete and submit this assessment within 90 days of establishing an evaluation monitoring program. (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 requirements 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 following 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 proposed 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 subsection (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 provisions 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 hazardous constituents that have been detected in that medium and those physical 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 parameters and the constituents of concern specified for the unit; (C) the mobility, stability, and persistence of waste 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 of proposed monitoring parameters in ground water, surface water, and the unsaturated 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 requirements the frequencies for collecting samples and for conducting statistical analyses pursuant to subsection 2550.7(e)(12) of this article to evaluate 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 periodically monitor for all constituents of concern specified in the waste discharge requirements and evaluate changes in water quality due to the release from the waste management unit. The regional board shall specify the frequencies for monitoring pursuant to this subsection after considering 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 maintain 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 hazardous constituents are present and, if so, at what concentration(s). If the discharger finds Appendix IX constituents in the ground water, surface water, 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 discharger shall report the concentration of these additional constituents to the regional board by certified mail within seven days after the completion of the second 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 satisfaction of the regional board that the constituent is not reasonably expected to be in or derived from waste in the waste management unit. If the discharger does 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 satisfaction of the regional board that the constituent is not reasonably expected to be in or derived from waste in the waste management unit; and (7) while awaiting final approval of an amended report of waste discharge to establish a corrective action program, the discharger shall evaluate all water quality data obtained pursuant to subsection (e) of this section with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the discharger shall: (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 evaluation, or by natural variation in ground water, surface water, or the unsaturated zone. Upon a successful demonstration the regional board shall specify that the discharger shall reinstitute a detection monitoring program meeting the requirements of section 2550.8 of this article. In making a demonstration under this subsection, the discharger shall: (1) notify the regional board by certified mail that the discharger intends 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 evaluation, or from natural variation in ground water, surface water, or the unsaturated 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 program 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 monitoring program does not satisfy the requirements of this section, the regional 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. s 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 management 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 discharge requirements. (c) The discharger shall implement corrective action measures that ensure that constituents of concern achieve their respective concentration limits at all monitoring points and throughout the zone affected by the release, 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 subsequent 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 program. 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 effective in determining compliance with the water quality protection standard under section 2550.2 of this article and in determining the success of the corrective action measures pursuant to subsection (c) of this section. (e) Corrective action measures taken pursuant to this section shall be initiated and completed by the discharger within a period of time specified 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 to the satisfaction of the regional board that the concentrations of all constituents of concern are reduced to levels below their respective concentration limits. (g) After suspending the corrective action measures, pursuant to subsection (f) of this section, the waste management unit shall remain in the Corrective Action Program until an approved Detection Monitoring Program 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 management unit is in compliance with the water quality protection standard. This demonstration shall be based on the following criteria and requirements: (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 consisted 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 submit 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 determination 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. s 2550.11. Unsaturated Zone Monitoring 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 comply with the unsaturated zone monitoring and response provisions of this section in conjunction with all other unsaturated zone monitoring and response provisions of this article. (b) The discharger shall monitor the soil and soil-pore liquid to determine whether constituents of concern migrate out of the treatment zone. (c) The regional board shall specify the monitoring parameters and constituents of concern to be monitored in the waste discharge requirements. The monitoring parameters to be monitored are those specified pursuant to subsection 2550.8(e) of this article for detection monitoring and subsection 2550.9(e)(2) of this article for evaluation monitoring. The constituents 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 considering the combined effects of degradation, transformation, and immobilization. The regional board may establish PHCs if the regional board finds based on waste analyses, treatment demonstrations, or other data that effective degradation, transformation, or immobilization of the PHCs will assure treatment at at least equivalent levels for the other hazardous constituents in the wastes. (e) The discharger shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring 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 monitoring parameter and each constituent of concern to be monitored under subsection (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 background values or procedures in waste discharge requirements according to subsection 2550.7(e)(11) 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 quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background 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 necessary 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 values, 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 monitoring 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 statistically significant increases pursuant to subsection (n) of this section. (l) 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 significant 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 propose 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 background values; and (2) provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone. (n) The discharger shall determine whether there is a statistically significant 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 liquid monitoring under subsection (k) of this section. (o) In determining whether a statistically significant increase has occurred, the discharger shall compare the value of each parameter or constituent, as determined pursuant to subsection (n) of this section, to the background value for that parameter or constituent according to the statistical procedure specified in the waste discharge requirements pursuant to this section. (p) The discharger shall determine whether there has been a statistically 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 facilities to perform the analysis of soil and soil-pore liquid samples. (q) If the discharger determines pursuant to subsection (n) of this section, 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 dischargers 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 discharge to modify the operating practices at the unit to maximize the success 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 maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners, and a leachate collection and removal system that satisfy the provisions of sections 2542 and 2543 of Article 4 of this chapter. (s) All actions taken by a discharger pursuant to subsections (r)(1) 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)(1) 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 section that there is a statistically significant increase of hazardous constituents 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 subsection in addition to or in lieu of the requirements of subsection (r)(1) 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 pursuant to this subsection successfully shows that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration 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 treatment 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 regional 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 monitoring program established pursuant to this section. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code. s 2550.12. Corrective Action Where Hazardous Waste Has Been Discharged at Areas Other Than Waste Management Units. (a) A discharger seeking waste discharge requirements for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases 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 Chapter 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 corrective action. A discharger required to undertake corrective action under this section shall provide assurances of financial responsibility for completing such corrective action. (c) The discharger shall implement corrective actions beyond the facility 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. s 2551. Required Programs. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2552. Water Quality Protection Standards. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2553. Points of Compliance. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2554. Compliance Period. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2555. General Ground Water Monitoring Requirements. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2556. Detection Monitoring Program. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2557. Verification Monitoring Program. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2558. Corrective Action Program. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2559. Unsaturated Zone Monitoring Program. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2560. Applicability. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13140-13147, 13260 and 13263, Water Code. s 2561. General Standards. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13140-13174, 13172, 13243 and 13263, Water Code. s 2562. Wastewater Management. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2563. Use or Disposal Field Management. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2564. Management of Manured Areas. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2565. Monitoring. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code. s 2570. Applicability. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13260 and 13263, Water Code. s 2571. Groups of Mining Waste. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2572. Mining Waste Management Unit Siting and Construction Standards. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226 and 13263, Water Code. s 2573. Water Quality Monitoring for Mining Waste Management Units. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13263 and 13267, Water Code. s 2574. Closure and Post-Closure Maintenance of Mining Waste Management Units. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226 and 13263, Water Code. s 2580. General Closure Requirements. (a) Partial or final closure of new and existing classified waste management 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, unless 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 containment and precipitation and drainage controls in Article 4 of this chapter, 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 maintenance 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 registered 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 integrity of containment structures including the final cover. (f) The regional board shall require the discharger to establish an irrevocable closure fund or provide other means to ensure closure and post-closure maintenance of each classified waste management unit in accordance with an approved plan. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2581. Landfill Closure Requirements. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2582. Surface Impoundment Closure Requirements. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13260 and 13263, Water Code. s 2583. Waste Pile Closure Requirements. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2584. Land Treatment Facility Closure Requirements. Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code. s 2590. 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 existing 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 climatologic characteristics of the unit and the surrounding region, installed features, 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 hazardous waste facility permit, including the closure and post-closure maintenance plan, under Sections 66264.112 (for fully-permitted Units) or 66265.112 (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 information submitted under this chapter, including any material change in the 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 closure 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 issued 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 programs into compliance with Article 5 of this chapter, including a schedule for achieving compliance. The regional board shall modify waste discharge requirements accordingly. (2) Dischargers who own or operate existing waste management units subject to this chapter for which waste discharge requirements were issued before the effective date of this chapter shall submit a report of waste discharge which complies with subsection (a) of this section to the regional 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 regulations 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 section. (c) Notification: (1) The discharger shall notify the regional board in writing of any proposed change of ownership or responsibility for construction, operation, closure, or post-closure maintenance of a waste management unit subject 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 discharge requirements to name the new discharger. (2) The regional board shall be notified immediately of any slope failure 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 detected 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 180 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 applicable 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 recently approved closure plan and in accordance with all applicable regulations. The discharger shall certify that closed waste management units shall be maintained in accordance with an approved post-closure maintenance 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 amendment or revision thereto which might affect containment features or monitoring systems shall be approved by a registered civil engineer or a certified engineering geologist. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13267, Water Code. s 2591. Waste Discharge Requirements. (a) The regional board shall adopt waste discharge requirements that implement the applicable 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 be fully reviewed in accordance with schedules established by regional boards. In no instance shall such review be beyond five years of the effective date of this section. The waste discharge requirements shall be revised to incorporate reclassification and retrofitting requirements as provided in Subsections 2510(e) and 2540(b) of this chapter, as well as the revised monitoring program developed under Subsection 2590(b)(1) of this article. The regional board shall specify in waste discharge requirements the schedule for retrofitting of existing facilities. All retrofitting shall be complete within five years from the issuance of the revised waste discharge 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 reflect standards for the highest level of containment applicable 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. s 2592. Public Participation. (a) To ensure adequate public participation in regional board proceedings relating to land disposal of wastes, the following persons and entities shall receive individual notice of any public hearing or board meeting involving 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 management 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 copies 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 requirements. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13302, Water Code. s 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 operations and closure. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13301 and 13304, Water Code. s 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 proposed to be discharged at each unit. Wastes and known waste constituents shall be specifically identified according to the most descriptive nomenclature. A listing for hazardous waste constituents shall include reference numbers for listings established by DHS or USEPA (e.g., Appendix IX to s66264 of Title 22 of this code). (2) A description of proposed treatment, storage, and disposal methods. (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 following discharge. Note: Authority cited: Section 1058. Reference: Sections 13172, 13260 and 13267, Water Code. s 2595. Waste Management Unit Characteristics. (a) Dischargers shall provide in the report of waste discharge an analysis 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 respect to ground water protection and avoidance of geologic hazards. It will also be used to demonstrate that the unit meets the classification criteria set forth in Article 3 of this chapter. (b) Dischargers shall provide the following data on the physical characteristics 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 prepared 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 calculations 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 withstand washout from a 100-year flood. Owners and operators of facilities located in the 100-year floodplain shall provide the following information: (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 calculations 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 management unit and its surrounding region within ten miles, based on data provided by the National Weather Service or other recognized federal, state, local, or private agencies. (2) Estimated maximum and minimum annual precipitation at the proposed waste management unit. (3) Maximum expected 24-hour precipitation for storm conditions specified as design criteria for Class I waste management units, as prescribed 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 prescribed 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 indicated direction. (f) Geology (1) A geologic map and geologic cross-sections of the waste management unit showing lithology and structural features. Cross-sections shall be indexed to the geologic map and shall be located to best portray geologic features relevant to discharge operations. (2) A description of natural geologic materials in the waste management unit and its surroundings, including identification of rock types, nature 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 criteria. (5) A determination of the expected peak ground acceleration at the waste management unit associated with the maximum credible earthquake. The methodology used shall consider regional and local seismic conditions and faulting. Data and procedures shall be consistent with current practice and shall be based on an identified procedure or publication. The analyses shall include modifications to allow for site-specific surface and subsurface conditions. The peak ground acceleration so determined 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 modified 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 analyses (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 applicant. The information provided shall be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted shall show that either: (A) no faults which have had displacement in Holocene time are present, 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 facility, 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 walking 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 exploration (trenching) of the area within a distance no less than 200 feet from portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement 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 including 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 underlying 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 movement 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 estimates shall include an evaluation of the methods and rationale used in their development. (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 accompanied by tabular data indicating the flow and the mineral quality of the water 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 waste management facility perimeter including all data necessary to establish water quality protection standards. (7) A tabulation of background water quality for all applicable indicator 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 sampling of wells upgradient from the waste management unit for 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 hazardous constituent. (B) In an evaluation monitoring program, background water quality may be based on appropriate water quality 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 sampling of wells that are not upgradient from the waste management unit where: 1. hydrogeologic conditions do not allow the determination of the upgradient direction; or 2. sampling at other wells will provide a representative indication of background water quality. (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 shall 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 geothermal wells in the waste management unit or within one mile of its perimeter. (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: (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 available. (4) Current land use within one mile of the perimeter of the waste management unit, including: (A) types of land use (e.g., residential, commercial, industrial, agricultural, 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. s 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 description 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 66264.112 (for fully-permitted 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)(1) of this section submitted to DTSC shall also be submitted to the regional board. (3) Dischargers shall submit detailed plans and equipment specifications for compliance with the ground water and unsaturated zone monitoring 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 equipment. 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 monitoring 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 methods; (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 management units; and (C) description of inspection and maintenance programs which will be undertaken regularly during disposal operations and the post-closure maintenance period. Note: Authority cited: Section 1058, Water Code. Reference: Section 13360, Water Code. s 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 treatment 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 detail showing the boundaries of the unit or facility to be closed and projected final contours and any changes in natural surface drainage patterns. (4) A description of the design and the location of all features and systems 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 under Section 2596 of this article. (7) A map and discussion of ground water and unsaturated zone monitoring programs for the post-closure maintenance period, including location, 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 materials. (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 landscaping, drainage and irrigation facilities, and other features to be placed over the final cover. (10) 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, landscaping, 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 accompanied by: (1) a description and quantification of water entering, leaving, and remaining 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 (2) detailed design plans and description(s) of the monitoring system(s) that will effectively detect penetration of the final cover by precipitation or applied irrigation waters. (c) dischargers who submit information described in subsection (a) of this section to DTSC pursuant to Sections 66264.112 (for fully-permitted 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 closure and post-closure maintenance plans for Class I waste management units. Note: Authority cited: Section 1058, Water Code. Reference: Section 13360, Water Code. s 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). s 2601. Technical Definitions. "Active life" means the period during which wastes are being discharged to a waste management unit. The active life continues until final closure of the waste management unit has been initiated pursuant to Article 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 feature 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 monitored. "Background monitoring point" means a well, device, or location specified in the waste discharge requirements at which monitoring for background 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 pollution generated by nonpoint sources for the attainment of water quality objectives. "Capillary forces" means the adhesive force between liquids and solids 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 the provisions of Article 3 of this chapter. "Closure" means termination of waste discharges at a waste management unit and operations necessary to prepare the closed unit 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 protection 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. "Constituent" 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 unit. "Containment" means the use of waste management unit characteristics or installed systems and structures to prevent or restrict the release of waste constituents or leachate. "Containment feature" means any feature, whether natural or artificial, used to contain waste constituents or leachate. "Containment structure" means an artificial feature installed to contain waste constituents or leachate. "Contaminated materials" means materials that contain waste constituents, 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 condition created when a drill hole, boring, or improperly-constructed well forms a pathway for fluid movement 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 chemical processes into compounds which do not impair the quality of waters of the state. Incomplete decomposition, may result in some water quality degradation (e.g., hardness, taste, odor, etc.). "Dedicated" means a waste management unit which is used exclusively for discharges of particular wastes. "Dendritic" means a subdrain system that is arranged in a branching pattern. "Dewatered sludge" means residual semi-solid waste from which free liquid has been evaporated, or otherwise removed. "Discharger" means any person who discharges waste which could affect 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 provided in section 66260.10 of Chapter 11 of Division 4.5 of Title 22, CCR, effective July 1, 1991. "DTSC" means Department of Toxic Substances Control. "Electrical conductivity" means the relative ability of water to conduct electrical current. It depends on the ion concentration of and can be used 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 constituents in the organism's environment is such that the organism will suffer some measureable adverse effect on health or reproductive success, which is partly or wholely attributable to the release. "External hydrogeologic forces" means seasonal and other fluctuations in ground water levels, and any other hydraulic condition which could cause a change in the hydraulic stress on a containment structure. "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 similar feature and the surface of the liquid contained therein. "Free liquid" means liquid which readily separates from the solid portions 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, installed 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 of Division 4.5 of Title 22, CCR, or an element, chemical 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 11, Division 4.5 (s66261.3 et seq.) of Title 22 of this code, is required to be managed according to Division 4.5 of Title 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 11,000 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 ended and have not been resumed for 5 years, or more. "Independent sample" means an individual sample of a monitored medium, 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 individual sample or group of samples with which it will be compared. In applying No. 1 above to ground water monitoring, the parcel of water 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 characteristics of water or soil-pore moisture which are used to detect the presence of waste constituents in water or soil-pore moisture, or the effects 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 discharged in or on land for disposal. It does not include surface impoundment, or waste pile, land treatment, or soil amendments. "Land treatment unit" or "land treatment facility" means a waste management unit at which liquid and solid waste is discharged to, or incorporated into, soil for degradation, transformation, 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 includes any constituents extracted from the waste and dissolved or suspended 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 regard is given to its probability 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 liquid) 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 liquid 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 constituents, reaction products, and hazardous constituents, that provide a reliable indication of a release from a waste management unit. "Monitoring point" means a well, device, or location specified in the waste discharge requirements at which monitoring is conducted and at which the water quality protection standard applies. "Operating" means waste management units which are currently receiving 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 water 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 conductivity, pH, and specific gravity. "Point of compliance" means a vertical surface located at the hydraulically 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 features and to monitor compliance with applicable performance standards. "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 hypothesis 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 faulting. "R Chart (range chart)" means a control chart for evaluating the variability within a process in terms of the subgroup range R. "Reconstruction" means modification to an existing waste management unit which entails costs amounting to 50 percent or more of the initial cost of the unit. "Relative compaction" means the degree of compaction 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 solids. "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 continuations of these materials). "Sludge" means residual solids 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 adsorption. "Statistically significant" means that the measured difference between a sample value (e.g., monitoring samples) and background values (or values 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, excavation, 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 intended to contain liquid and solid wastes from mining and milling operations. "Transmissivity" means the rate at which water of the prevailing kinematic 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 constituents of concern are degraded, transformed, or immobilized. "Underlying ground water," for the purposes of waste management unit siting criteria, includes water which rises above the saturated zone of saturation due to capillary forces. "Unified Soil Classification System" means one of the several generally accepted methods for soil identification and classification for construction 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 reference (available from Bureau of Reclamation, Engineering and Research Center, Attention: 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 with 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, the zone between the ground surface and the top of the saturated portion of the confining layer. "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer. "Waste constituent" 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 entire parcel of property at which waste discharge operations are conducted. Such a facility may include one or more waste management units. "Waste management unit" means an area of land, or a portion of a waste management facility, at which waste is discharged. The term includes containment features and ancillary features for precipitation and drainage control and monitoring. "Waste pile" means a waste management unit at which only noncontainerized, bulk, dry solid waste is discharged and piled on the land surface. "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 interstices or interstices filled with fluids other than water, it is still considered saturated. Note: Authority cited: Section 1058, Water Code, Reference: Section 13172, Water Code. Appendix I. Step-By-Step Guide to Clay Liner-Leachate Compatibility Testing [FN1] [FN1] Presented by David Anderson and Gordon Evans of K. W. Brown and Associates as part of the Soil Liners workshop, Permit Writers Training Program, conducted by EPA in San Francisco, California, November 14-17, 1983. There is currently no standard scheme for evaluating clay liner-leachate 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 representative 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 compatibility. Method Several methods for obtaining samples of hazardous wastes are discussed in Section One of Test Methods for Evaluating Solid Waste (EPA, 1982b). Data supplied 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; organic, or solid, sludge, or slurry) Aqueous-inorganic (AI) and aqueous-organic (AO) are classes of waste in which water is the solvent (predominant 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 treatment processes from which the waste stream is generated) d. ______ Percent Solids (wet weight basis) (determine by drying waste at 10 degrees 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 primary 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 degrees 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 aspirator 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 funnel, 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 (approximately 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. It is collected 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 flows together 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-bearing 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 result in an excessively diluted leachate. Step 4: Analyze Primary Leachate Guidance If the waste contained a primary leachate, it should be analyzed to establish the type and concentration of the organic liquids present. Some primary leachate may contain two distinct immiscible phases. It is advisable 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 definitive with regard to the liquids and solutes present in the leachate, the routine analysis need only confirm that leachate composition 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, however, 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 degrees C) b. Predominant liquid constituents as a percentage of total primary leachate (filtrate) (indicate to 0.1 percent) __________ percent Water ___________________________________ __________ percent _________________________________________ __________ percent _________________________________________ __________ percent _________________________________________ __________ percent _________________________________________ c. Predominant solutes as gL<>-1 of total primary leachate (indicate to 0.1 gL<>-1) __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ A two-step method can be used to analyze primary leachate. First, fractional distillation can be used to separate and quantify the liquids according 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 fraction obtained can be identified by gas chromatography and, if necessary, confirmed by mass spectrometry. These methods are discussed in Section Eight of Test Methods for Evaluating Solid Waste (EPA, 1982b). After these initial detailed analyses, subsequent routine analyses may be limited to the first step of the method. 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 reference potential or a combination electrode. The electrical conductivity (EC) of the primary leachate is determined by using a saturated paste extract 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 solutes. Method The following information is needed to characterize secondary leachate. Some of the information may be collected by methods that are similar 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<>-1 of total primary leachate (indicate to 0.1 gL<>-1) __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ __________ gL<>-1__________________________________________ 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 spectrophotometry and electrical conductivity. The method for measuring EC is discussed 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 carbon in the leachate by converting organic carbon in the sample to carbon dioxide (CO 2) by catalytic combustion or wet chemical oxidation. The CO 2 formed can be measured directly by an infrared detector or converted to methane (CH 4) and measured by a flame ionization detector (EPA, 1979). The amount of CO 2 or CH 4 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 analysis technique described above for the primary leachate. For more dilute solutions, it may be necessary to extract the organic constituents and analyze 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 volume values with a standard aqueous leachate (0.01 N CaSO 4) and nonattenuated ion (bromide), respectively. These baseline values can be compared 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. Determination of bromide breakthrough can be accomplished by using a bromide selective electrode to analyze permeameter outflow. The following information should be determined for the clay liner. a. Particle size distribution and clay minerology 1. ________percent Sand (>50 m m, dry wt. basis) 2. ________percent Silt (50-2.0 m m, dry wt. basis) 3. ________percent Clay (<2.0 m m dry wt. basis) 4. ________percent of Clay that is coarse (2.0-0.2 m m, dry wt. basis) 5. Predominant coarse Clay minerals ________percent _______________________________________________ ________percent _______________________________________________ ________percent _______________________________________________ 6. ________percent of Clay that is fine (0.2 m m, dry wt. basis) 7. Predominant fine Clay minerals ________percent _______________________________________________ ________percent _______________________________________________ ________percent _______________________________________________ b. Physical properties 1.________g cm<>-3particle density 2.________percent in-place (as compacted) water content (dry wt. basis) 3.________g cm<>3-place (as compacted) density (dry wt. basis) 4.________percent pore space (percent of total liner volume) 5. Permeability to an aqueous solution of 0.02 N CaSo 4 or CaCL 2 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 CaSO 4 or CaCl 2). After the permeability has stabilized, the effective pore volume can be estimated by spiking the standard leachate with bromide and monitoring the breakthrough of bromide in the permeameter outflow. Assuming that a clay liner is presaturated with clean water, nonattenuated leachate constituents (e.g., bromide) 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 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 significantly 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 evidence that a wide range of organic liquids may degrade clay liner effectiveness. Method The permeability and lowest pore volume at which waste constituents appear in permeameter outflow should be determined with both the primary and secondary leachates of the wastes if these solutions are appreciably 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 standard. 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 advisable 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 contact with the clay liner. For constant head permeability tests, the following equation may be used: V K = ---- AtH where: K = permeability constant (cm sec<>-1); t = time (sec); v = volume of leachate passed through the soil (cm <>3); A = cross sectional area of liquid flow (cm <>2); and H = hydraulic gradient or (h+L) / (L) where: h = hydraulic head (cm of H 2 O) and L = length of soil column (cm) For failing head permeability tests, the following permeability equation can be used (Olson and Daniel 1981): aL h(O) K= ---- ln ---- At h(l) where: K = permeability constant (cm sec <>-1) a = cross sectional area of the buret (cm <>2) A = cross sectional area of the soil (cm <>-2) L = length of the soil (cm) t = elapsed time from 5(0) to t(1)(sec) h(0) = height of water in standpipe above the discharge level at t(0)(cm) h(1) = height of water above the discharge level at time t(1)(cm) This equation can be arranged as follows: h(O) KAt In ------ = ----- h(l) AL Thus, the slope of the line obtained by plotting ln hydraulic head versus time may be used to determine the permeability constant: aL K= slope ---- A Permeability (k) should be plotted along the Y-axis, while the cumulative 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: BV p = 1 - ----- x 100 Gs where the bulk density, or unit weight (BD) is divided by the particle density (G s). 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 ti1 = ------ AKH1) where: t i1 = laboratory test time increment (sec) = laboratory test time increment (sec) H 1 = 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 (H 2) may be substituted for the value used in the laboratory (H 1) as follows: Vi ti2 = ---------- (AKH2) where: t i2 = field time increment (sec) = field time increment (sec) H 2 = 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 ratio of the field liner thickness to the laboratory liner thickness to arrive at the useful life of the clay liner as follows: where: T = useful life of the clay liner (sec) n = time increment where leachate constituents are first detected permeameter outflow Y = thickness of field liner (cm) --------------------------------- thickness of laboratory liner (cm) a. Permeability to primary leachate (where two or more distinct immiscible 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 __________ cm/sec 2.0 pore volume __________ cm/sec b. Permeability to secondary leachate 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 __________ cm/sec 2.0 pore volume __________ cm/sec c. Pore volume values for breakthrough to two mobile waste constituents (waste constituent in eluate as percent of constituent inleachate). 1. Constituent No. 1 ____percent of 0.1 pore volume ____percent at 1.1 pore volume ____percent of 0.2 pore volume ____percent at 1.2 pore volume ____percent of 0.3 pore volume ____percent at 1.3 pore volume ____percent of 0.4 pore volume ____percent at 1.4 pore volume ____percent of 0.5 pore volume ____percent at 1.5 pore volume ____percent of 0.6 pore volume ____percent at 1.6 pore volume ____percent of 0.7 pore volume ____percent at 1.7 pore volume ____percent of 0.8 pore volume ____percent at 1.8 pore volume ____percent of 0.9 pore volume ____percent at 1.9 pore volume ____percent or 1.0 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. s 2610. 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 2611 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. s 2611. Additional Definitions. Unless the context requires otherwise, the following definitions shall apply to terms used in this chapter. "Bladder system" means a flexible or rigid material which provides primary containment including an interstitial monitoring system designed to be installed inside an existing 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 demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers or the International Code Council, demonstrating education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried or submerged metallic piping and underground storage tank systems. "Coatings expert" means a person who, by reason of thorough training, knowledge and experience in the coating of metal surfaces, is qualified to engage in the practice of internal tank lining inspections. The term includes only those persons who are independent of any lining manufacturer or applicator and have no financial interest in the tank or tanks 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 determining 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 routinely performs the required monitoring on a periodic or cyclic basis throughout each day. "Corrosion specialist" means any individual who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers as a corrosion specialist, 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 conducting monthly visual inspections 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 individual may hold both positions. "Dispenser" means an aboveground or underground device that is used for the delivery of a hazardous substance from an underground storage tank. Dispenser includes metering and delivery devices, and fabricated 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. "Existing underground storage tank" means an underground storage tank installed prior to January 1, 1984. The term also includes an underground storage tank installed before January 1, 1987 and which is located on a farm, has a capacity greater than 1,100 gallons, and stores motor vehicle 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 respond 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 encountered 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 subsection (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 residence 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 coating or cladding, means a pinhole or void in a protective coating or cladding. "Hydraulic lift tank" means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. "Inconclusive" means the conclusion of a statistical inventory reconciliation report that is not decisive as to whether a release has been detected. "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 client, 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 systems to ensure that a listed, certified, or labeled product or system continues 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 Monitoring" Method means a release detection method that continuously monitors the liquid level within a liquid-filled interstitial space of an underground 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 monitored before the hazardous substance stored is released to the environment. To accomplish this, the liquid in the interstitial space shall be maintained at a pressure greater than the operating pressure found within the component(s) being monitored. This pressure may be achieved, for example, 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 secondary 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 contains steam-refined asphalts. "Liquefied petroleum gas tank" means an underground storage tank which contains normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly 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 discussed 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 electronically. This terms does not include procedures which are based on statistical inventory reconciliation. "Membrane liner" means any membrane sheet material used in a secondary 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 underground 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 ascertains the physical integrity of an underground storage tank through review and consideration of circumstances and physical phenomena internal 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 throughout the year. "Petroleum" means petroleum including crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, 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 detection of 95 percent or greater and a probability of false alarm of 5 percent or less. "Probability of detection" means the likelihood, expressed as a percentage, that a test method will correctly identify a leaking underground storage tank. "Probability of false alarm" means the likelihood, expressed as a percentage, 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 underground storage tank being tested. "Quantitative release detection method" means a method which determines the integrity of an underground storage tank by measuring a release 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 interstitial space between an underground tank system and its secondary containment. "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 monitoring equipment, or provides maintenance, service, system programming 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 being 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 water 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 physical integrity of any underground storage tank. The term includes only test methods which are able to detect a leak of 0.1 gallons per hour 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 substance or physical phenomenon is detected which may indicate the presence 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 hazardous substances for the purpose of legitimate sale, use, or disposal. "Under-Dispenser Containment" means secondary containment that is located under a dispenser. "Under-Dispenser spill containment or control system" means a device 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 cathodic 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 developed 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. s 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 underground storage tanks; establish separate monitoring requirements for new and existing underground storage tanks; establish uniform requirements for unauthorized release reporting, and for repair, upgrade, and closure of underground storage tanks; and specify variance request procedures. (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 requiring the operator to monitor the underground storage tank; maintain appropriate 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 upgraded 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 appropriate, within their jurisdiction. (d) Owners and operators shall comply with the construction and monitoring 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 underground storage tanks shall comply with the release reporting requirements of Article 5, the repair and upgrade requirements of Article 6, the closure requirements of Article 7, the underground storage tank operating permit requirements of Article 10 and the corrective action requirements of Article 11. 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. s 2621. Exemptions to the Regulations. (a) The term "underground storage tank" excludes the following, except 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(x) of the Health and Safety Code. (4) A liquefied petroleum gas tank. (5) A liquid 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 underground 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, radioactive waste storage tanks, and similar tanks under the Atomic Energy Act of 1954 (42 USC 2011) and following. (12) 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 defined in Section 25316 of the Health and Safety Code if the person owning or operating the underground storage tank has been issued a hazardous waste facilities permit for the underground storage tank by the Department of Toxic Substances Control pursuant to section 25200 of the Health and Safety Code or granted interim status under section 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 section 25283.5 of the Health and Safety Code. (16) Any structure specifically exempted by section 25281(x) of the Health and Safety Code. (b) Sumps which are a part of a monitoring system required under Article 3 are considered part of the secondary containment or leak detection system of the primary containment and are required to meet the appropriate construction criteria. (c) The owner of a farm or heating oil tank or any tank which is exempt from regulation as an underground storage tank by virtue of its use shall, prior to any change which results in the tank becoming subject to regulation, 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. s 2630. General Applicability of Article. (a) The requirements in this article apply to owners of new underground storage tanks. In addition, the applicable repair and upgrade requirements in Article 6 shall be complied with. (b) Sections 2631 and 2632 specify design, construction, and monitoring requirements for all new underground storage tanks. Sections 2633 and 2634 specify alternate design, construction, and monitoring requirements, in lieu of those specified in sections 2631 and 2632, for underground 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 containment 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 installed, 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. s 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 secondary containment. Primary containment shall be product-tight. Secondary containment may be manufactured as an integral part of the primary 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 periodically 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 independent testing organization in accordance with industry codes, voluntary consensus standards, or engineering standards. All other components 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, 1991 for underground storage 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 following 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 materials; (9) Year manufactured; and (10) Identity of manufacturer. (c) A primary containment system with or without an integral secondary 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 accessible 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 engineer or according to a nationally recognized industry code or engineering standard. The engineering specification shall include the construction procedures. Materials used to construct the secondary containment system shall have sufficient thickness, density, and corrosion 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 containment system where only one primary container is within the secondary containment system. (B) In the case of multiple primary containers within a single secondary containment system, the secondary containment system shall be large enough to contain 150 percent of the volume of the largest primary container within it, or 10 percent of the aggregate internal volume of all primary containers within the secondary containment system, whichever is greater. When all primary containers are completely enclosed within the secondary containment system, the restrictions 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 enter the secondary containment system during a 24- hour, 25-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 requirement in subsection (d)(1). The available pore space in the secondary containment system backfill shall be determined using standard engineering 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 collection system to accumulate, temporarily store, and permit removal of any liquid within the system. (5) The floor of the secondary containment system shall be constructed on a firm base and, if necessary for monitoring, shall be sloped to a collection sump. One or more access casings shall be installed in the 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 covered with a locked waterproof cap or enclosed in a surface security structure that will protect the access casing(s) from entry of surface water, accidental damage, unauthorized access, and vandalism. A facility with locked gates will satisfy the requirements for protection against unauthorized access and vandalism. The casing shall have sufficient thickness to withstand all anticipated stresses with appropriate engineering safety factors and constructed of materials that will not be structurally weakened 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 industry codes, voluntary consensus standards, or engineering standards. A membrane liner shall contain no primary nutrients or food-like substances 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 I, Table A) Unsupported Supported Property Liners Liners Requirement (A) Tensile strength ASTM D638 ASTM D751 Tensile strength Procedure B >300 lbs/in at yield (Cut Strip Method) of width Tensile strength >200 lbs/in at break of width (B) Permeability ASTM E96 ASTM E96 <0.65 gram/ meter<>2-- hr (C) Seam strength ASTM D413 ASTM D751 = Parent material (D) Solubility ASTM D471 ASTM D471 <0.10% by weight (E) Puncture FTMS 101C 350 lbs. Method 2031 FTMS 101C 80 lbs. Method 2065 (F) Tear ASTM D751 125 lbs. ASTM D1004 DIEC 50 lbs. (7) A membrane liner, if used, shall be installed under the direct supervision 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 prepared 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 conditions. (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 substance 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. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1 and 25291, Health and Safety Code; 40 CFR 280.20.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1 and 25291, Health and Safety Code; 40 CFR 280.20. s 2631.1. Compatibility and Permeability Testing Requirements for All New Underground Storage Tanks. (a) Owners and operators must use an underground storage tank system made of or lined with materials that are compatible with the substance 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 2631(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. s 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 constructed pursuant to the requirements of section 2631. (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 monitoring 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 surface 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 system is capable of containing any unauthorized release and the maximum length of time any hazardous substance released from the primary containment system will remain observable on the surface of the secondary containment system. The inspection schedule shall be such that inspections 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 immediately beneath the underground storage tanks between visual inspections. The evaluation of the length of time the hazardous substance remains observable 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 containment 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 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 provisions 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) The interstitial space of the tank shall be monitored using a continuous monitoring system which meets the requirements of section 2643(f). (B) The continuous monitoring system shall be connected to an audible 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 determination, the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance in the interstitial space if the indirect methods indicate a possible unauthorized release. (d) All monitoring programs shall include the following: (1) A written procedure for monitoring 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 performing the monitoring and/or maintaining the equipment; (E) The reporting format; (F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be in accordance with the manufacturer'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 secondary 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, including the location and availability of the required equipment if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site. (B) The name(s) and title(s) of the person(s) responsible for authorizing any work necessary under the response plan. (e) When implementation of a monitoring program or any other condition indicates that an unauthorized release may have occurred, the owner or operator shall comply with the release reporting requirements of Article 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 Methods of Monitoring Condition Pressure or of the Type of Liquid Hazardous Vacuum Secondary Substance Level Substance Vapor Loss System [FN1] Stored Indicator Sensor [FN3] Monitor Detector [FN4] [FN2] Dry Volatile X X X X Dry Nonvolatile X X X Wet Volatile X X X Wet Nonvolatile X X X [FN1] A "dry" system does not contain liquid within the secondary containment during normal operating conditions while a "wet" system does. [FN2] Includes continuously operated mechanical or electronic devices. [FN3] Includes either qualitative or quantitative determinations of the presence of the hazardous substance. [FN4] Detects changes in pressure or vacuum in the interstitial space of an underground storage tank with secondary containment. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281 and 25291, Health and Safety Code; 40 CFR 280.43. s 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. Owners or operators of new underground storage tanks which contain only motor vehicle fuels may comply with this section in lieu of section 2631. If the tanks are constructed in accordance with the requirements of this section, they shall be monitored in accordance with section 2634. (b) Underground storage tanks used for storage of motor vehicle fuel and constructed in accordance with this section shall be composed of fiberglass-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 with the requirements of subsections (d) through (f). The primary containment system 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 section 2632. (d) The floor of a leak interception and detection system shall be constructed on a firm base and sloped to a collection sump. Methods of construction for a leak interception and detection system using membrane liners shall comply with the requirement of section 2631(d)(6). (e) Access casings shall be installed in the collection sump of a secondary 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 withstand all anticipated applied stresses using appropriate engineering safety 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 interception and detection system; (5) Capable of preventing 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 locked waterproof cap or enclosed in a secured surface structure that will protect the access casing(s) from entry of surface water, accidental damage, unauthorized access, and vandalism. A facility with locked gates will satisfy the requirements for protection against unauthorized access and vandalism; and (7) Capable of meeting requirements of local well-permitting agencies. (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 system will adequately protect ground water, the local agency shall consider the following: (1) The containment volume of the leak interception and detection system; (2) The maximum leak which could go undetected under the monitoring 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. s 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 constructed 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 accordance 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 container before it can escape from the leak interception and detection system. 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 vehicle 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 which establishes: (A) The frequency of performing the monitoring; (B) The methods and equipment to be used for performing the monitoring; (C) The location(s) where the monitoring will be performed; (D) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment; (E) The reporting format; (F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be in accordance with the manufacturer'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 substance if the indirect method indicates a possible unauthorized release of motor vehicle fuel. (e) A response plan for an unauthorized release shall be developed before the underground storage tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of subsection 2632(d)(2). If the leak interception and detection system does not meet the volumetric requirements 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 relation 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 substances 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. s 2635. Installation and Testing Requirements for All New Underground Storage Tanks. (a) Primary and secondary containment systems shall be designed, constructed, 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 constructed 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 containment systems installed in a secondary containment system and not backfilled 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 cathodic 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 coatings 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 authorized 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 installation 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 square-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, expressed in inches of mercury vacuum, in the interstitial space of the secondary containment, is acceptable. The pressure (or vacuum in the interstitial 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. Following 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 required if the tank is equipped with an interstitial monitor certified by a third-party evaluator to meet the performance standards of a "tank integrity test" as defined in section 2611, or if the tank is tested using another method deemed by the State Water Resources Control Board to be equivalent. (6) All underground storage tanks shall be installed according to a code of practice developed in accordance with voluntary consensus standards 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 anchored 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 container 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 galvanic corrosion. (B) It shall have a minimum capacity of five gallons (19 liters). (C) It shall have a drain valve which allows drainage of the collected spill into the primary container or provide a means to keep the spill container 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 percent full by restricting 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 overfilling. (3) The local agency may waive the requirement for overfill prevention 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 within the system of vertical planes surrounding the exterior of the primary containment system. If backfill is placed between the primary and secondary containment systems, an evaluation shall be made of the maximum lateral spread of a point leak from the primary containment system over the vertical distance between the primary and secondary containment systems. The secondary containment system shall extend an additional 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 interstitial 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 containment system to the monitoring location(s). (5) Two or more primary containment systems shall not use the same secondary containment system if the primary containment systems store materials that in combination may cause a fire or explosion, or the production 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 liquid shall be analyzed to determine the presence of any of the hazardous substance(s) stored in the primary containment system prior to initial removal, 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 unauthorized release from the primary containment system. (7) For primary containment systems installed completely beneath the ground surface, the original excavation for the secondary containment system shall have a water-tight cover which extends at least one foot beyond each boundary of the original excavation. This cover shall be asphalt, 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. Copies of all drawings, photographs, and plans shall be submitted to the local 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 a "Certificate of Compliance for Underground Storage Tank Installation Form C" (see Appendix V). (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 secondary containment, was installed according to applicable voluntary consensus standards and any manufacturer's written installation instructions; (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 CFR 280.20 and 280.40-280.45. s 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, 1987, shall have secondary containment that complies with the requirements of section 2631 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 pressure (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 directly 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 fiberglass-reinforced plastic, steel with cathodic protection, or steel isolated 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 of the following requirements: (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 secondary 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 installed in accordance with an industry code of practice developed in accordance 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 "Certificate of Compliance for Underground Storage Tank Installation Form C" (see Appendix V). (d) Lined trench systems used as part of a secondary containment system shall be designed and constructed according to a code of practice or engineering standard approved by a state registered professional engineer. 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 compatibility or adequacy of the trench design, construction, and application. (2) The trench shall be covered and capable of supporting any expected vehicular traffic. (e) All new primary piping and secondary containments systems shall be tested for tightness after installation in accordance with manufacturer's guidelines. Primary pressurized piping shall be tested for tightness hydrostatically at 150 percent of design operating pressure or pneumatically at 110 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 systems 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 under-dispenser piping with secondary containment, shall be equipped and monitored with monitoring systems as follows: (1) All secondary containment, including under-dispenser containment, 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. (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. Continuous 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 automatic line leak detector requirement of subdivision (2). (4) Monitoring shall be conducted on all underground pressurized piping 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 system 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)(1) 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 contained 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 system 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 include 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 system. (C) The Program Manager may modify or revoke a previously issued approval if it finds that, based on new evidence, the approved 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. s 2636.1. Final Division Decisions Regarding Under-Dispenser Spill Containment or Control Systems. (a) A manufacturer of an under-dispenser spill containment 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 system 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 accompanied 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 believes the Program Manager's determination is erroneous, inappropriate, 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 Chief's 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. s 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 Division 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 Division's final decision; (3) A copy of the Final Division Decision that the Board is requested to review; (4) An explanation why the petitioner believes the Final Division Decision is erroneous, inappropriate, or improper; (5) A statement describing how the petitioner is damaged by the Final Division Decision; and (6) 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 that 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 establish, and an explanation of the reasons why the petitioner could not previously 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: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code. s 2636.3. Defective Petitions. Upon the Board's receipt of a petition which does not comply with section 2636.2 of this chapter, the Board, through its Chief Counsel, will advise the petitioner of the manner in which the petition is defective and allow 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. s 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 review; (3) Set aside or modify the final decision that the Board has been requested 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 hearing, or provide for an informal meeting between the petitioner, the Division 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. s 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 every 36 months thereafter. Secondary containment systems installed prior to January 1, 2001 shall be tested by January 1, 2003 and every 36 months thereafter. (b) By December 31, 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 containment 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 accordance with subdivisions 2644.1(a)(1), (2), (4), and (5) by July 1, 2002; complete the program of enhanced leak detection by December 31, 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 conducted 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 standards. If there are no manufacturer's guidelines or standards, secondary containment systems must be tested using an applicable method specified in an industry code or engineering standard. If there are no applicable manufacturers guidelines, 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 service technician or a licensed tank tester, both of which must meet the requirements 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 completion 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 notification 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. s 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 accordance with manufacturer's instructions, and certified every 12 months for operability, proper operating condition, and proper calibration. Written 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 requirements 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, calibration, or certification of monitoring equipment unless the notification requirement 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 certified, repaired, or replaced, and the contractor's license number. 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. s 2640. General Applicability of Article. (a) The requirements of this article apply to owners or operators of existing 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 substances 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 Article 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 requirements 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 enhanced 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 Program Manager. The request shall be in writing and received by the Underground Storage Tank Program Manager within 60 calendar days of the date the notification was mailed. The Program Manager shall make a decision on the request, and notify the applicable local agency of this decision, 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 submitting 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 drinking 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 system 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). s 2641. Monitoring Program Requirements. (a) Owners or operators of existing underground storage tanks subject to this article shall implement 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 requirements 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 pressure, unless it is exempt from monitoring under subsection (b), shall comply 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 shall be visually monitored in accordance with section 2642. A portion of the underground storage tank shall be exempt from visual monitoring if the owner demonstrates 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 require the use of extraordinary personal protection equipment other than normal protective equipment such as steel-toed shoes, hard hat, or ear protection; 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 required under subsection (d) is not conducted. This non-visual monitoring shall include a quantitative release detection method as specified in section 2643 or a qualitative release detection method as specified in section 2644 or a combination of these methods as approved by the local agency. (f) Non-visual monitoring 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 require additional monitoring methods specified in the operating permit or more frequent monitoring as necessary to satisfy the objective in subsection (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 hazardous 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 monitoring equipment 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 ground water recharge 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; (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 backfill material and native soils and their probable effects on contaminant migration and detection; (10) The presence of contamination in the excavation zone or surrounding 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 procedures 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 accordance 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 applicable provisions of this chapter. (l) 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 accordance with the applicable provisions of this chapter. Note: Authority 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. s 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, including any visible horizontal surface directly beneath the underground storage tank, shall be inspected at least daily by direct viewing. The inspection schedule shall be established so that some inspections are conducted when the substance in the underground storage tank is at its highest level; (2) A written statement of the routine monitoring procedure shall be available at the facility and the record shall include the frequency of visual 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 description 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 storage 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 replace, 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 monitoring method as specified in section 2641. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25293, Health and Safety Code. s 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 pressurized piping; subsection (d) for suction piping; and subsection (e) for gravity-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 underground storage tanks shall be conducted according to one of the methods listed in subdivisions (1) through (5) below. These quantitative monitoring 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 probability 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 capable 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, liquid volume, and the duration of the test. Automatic tank gauge systems installed on or after January 1, 1995, 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 detecting 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 test 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 of detecting 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 detection 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 occurs. If the use of piping is intermittent, leak detection monitoring is required 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 unauthorized release; and (2) Monitoring shall be conducted at least monthly at any pressure. The monitoring method shall be capable of detecting a minimum 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 monitoring method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 150 percent (one and one half times) the normal operating pressure. (d) Piping that conveys hazardous substances under less than atmospheric 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 of detecting 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 approved by the local agency. Daily monitoring shall be performed as described in Appendix II except for emergency generator systems, which may be monitored less often, but at least monthly. Written records describing 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 of detecting 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 requirements 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 certified to comply with the performance standard(s) specified in this section and shall be subject to limitations specified in the certification. This certification shall be obtained by the equipment manufacturer following one of the evaluation procedures in subdivisions (1) through (3) below: (1) An independent third party testing laboratory shall evaluate and approve 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 approve 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 approve the method using a procedure deemed equivalent to an EPA procedure. Any resultant certification shall include a statement by the association 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 interferences likely to be encountered in actual field conditions (no fewer nor less rigorous than the environmental conditions used in the corresponding 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 physically tested; and (F) The experimental conditions under which the evaluation was performed 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 corresponding 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 completion of the test. The report shall be presented in written and/or tabular format, as appropriate, and shall be at a level of detail appropriate for the release 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. s 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 deformation, evaporation or condensation, and the presence of water in the backfill: (a) A volumetric tank integrity test shall be capable of detecting a release 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 the requirements of subsection (b) must be used to test the ullage portion of the tank. (b) A nonvolumetric tank integrity test shall be capable of 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: Section 25292, Health and Safety Code; and 40 CFR 280.40 - 280.45. s 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 requirements 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 accuracy and response time of the detection method in accordance with procedures in Appendix IV. Examples of qualitative release 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 the installation of monitoring wells or drilling other borings shall comply with installation, 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. s 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 monitoring shall comply with the requirements of this section as follows: (1) Enhanced leak detection means a test method that ascertains the integrity 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 party certified, 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 detecting 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 by the board The enhanced leak detection shall be implemented no later than 18 months following receipt of notification from the board and repeated every 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 notification 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 enhanced leak detection test report to the board and the local agency within 60 days of completion of the test. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25291, 25292 and 25292.4, Health and Safety Code; and 40 CFR 280.40 and 280.41. s 2645. Manual Tank Gauging and Testing for Small Tanks. (a) Manual tank gauging may be used as part of a non-visual monitoring 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 including 2,000 gallons shall also receive a tank integrity test each year. Tanks with a capacity of 551 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 monitored 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 December 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 removed 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 12- hour period preceeding the gauging period. 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 exceeds 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 safely and properly removed within the 72-hour period. (e) If the results of a tank integrity test confirm an unauthorized release, the owner or operator shall comply with the release reporting requirements of Article 5 and shall replace, repair, upgrade, or close the underground storage tank in accordance with the applicable provisions of this chapter. Table 4.1 Manual Tank Gauging Measurement Standards Weekly Monthly Testing Total Time Standard Standard Period Out of Service Tank Size One Test Average of [FNa1] (hours) (hours) (in Gallons) (Gallons) 4 tests (Gallons) 550 or less 10 5 36 48 551 to and including 1,000 12 6 60 72 [FNaa1] 551 to and including 1,000 13 7 36 48 [FNaa1] 1,001 to and including 2,000 26 13 60 72 [FNa1] The tank must be taken out of service at least 12 hours before the test (gauging) period begins. [FNaa1] 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. s 2646. Manual Inventory Reconciliation. (a) Manual inventory reconciliation may be used as part of a non-visual monitoring program set forth in section 2643(b)(4) for existing underground storage tanks which contain motor vehicle fuels. (b) After January 1, 1993, 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 using 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 number 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 measurements 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 dipstick is used, water-finding paste shall be applied to the dipstick. If the tank is not level, and the measurements are taken manually, the measurements 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 delivery. Product input shall be determined by a method that introduces the least amount of error in the monthly inventory reconciliation calculations. Underground storage tanks that are connected by a manifold may require time for the level to stabilize before a measurement is taken. Product shall be delivered to the tank through a drop tube that extends to within 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 liquid 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 130 gallons, the variation shall be investigated in accordance with subsection (e). (e) If the monthly manual inventory reconciliation exceeds the allowable variation, the owner or operator shall: (1) within 24 hours of completing inventory reconciliation which exceeds the allowable variation, notify the local agency of the suspected unauthorized release; (2) within 24 hours of discovering a variation which exceeds the allowable 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 allowable 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 recalibration, 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 Department 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, including those at non-retail facilities; (5) continue to conduct inventory reconciliation according to the requirements 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 accordance with the applicable provisions of this chapter. (f) Whenever any of the steps in subsection (e) of this section are performed, the results shall be documented in the monitoring record required under section 2712. If completion of any of the steps in subsection (e) indicates 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 corresponding 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 underground storage tank may continue while the steps in subsection (e) are being implemented, provided the steps are completed within the specified periods. Daily inventory readings and monthly reconciliation shall continue while the steps are being implemented. (i) Dispenser meters which determines the amount of product withdrawn 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. s 2646.1. Statistical Inventory Reconciliation. (a) When approved by the local agency, statistical inventory reconciliation may be used as part of a non-visual monitoring program, set forth in section 2643(b)(3), for existing underground storage tanks which contain motor vehicle fuel. (b) Each underground storage tank shall be individually monitored using 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 submissions to the statistical inventory reconciliation provider and subsequent 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 reports, regardless of the results. (d) If the results of a report are inconclusive or indicate a possible unauthorized 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 system 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 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. Dispenser meters shall comply with California Code of Regulations, Title 4, Division 9, "Division of Measurement Standards, Department of Food and Agriculture." (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 owner or operator shall comply with the release reporting requirements of Article 5. (f) The owner or operator who reports a suspected release in accordance with subsection (e) above shall conduct additional tests or investigations 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 inventory 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 tightness 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 inventory 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 statistical inventory reconciliation reports for the previous 12 months. (k) Dispenser meters which determine the amount of product withdrawn 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. s 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 detection 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, including intermittent perched ground water, is less than ten feet below the bottom 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 section 2641(a). Where possible, monitoring points shall be located within the excavation backfill surrounding the underground storage tank. The owner or operator shall determine the exact location of the underground storage tank and associated piping before attempting to install monitoring wells and/or devices 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 compound placed in the underground storage tank system, shall be sufficiently 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 detect releases 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 component 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 according 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 monitoring shall comply with the following minimum requirements: (1) The stored substance shall be susceptible to detection by the proposed release detection method; (2) The stored substance shall not corrode or otherwise attack the materials from which the detection system is constructed or otherwise render 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 operability 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. s 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 monitoring 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 capability shall be certified by an independent third party using an appropriate evaluation procedure. Examples of acceptable evaluation procedures 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 be determined 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 permeable materials); (5) The ground water proposed for monitoring has no present beneficial 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 zone 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 zone. If ground water monitoring is approved as the sole release detection method 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 follows: (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 detecting 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 observation or field analysis does not provide an adequate degree of detection as compared to that of laboratory analysis. Sampling conducted which requires field or laboratory analysis shall comply with the minimum requirements of section 2649(g). (e) The number, location, 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. s 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 requirements 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: (1) 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 Manual Numbers 4, 5, and 6, published in January of 1986 (available from the Bureau of Reclamation, Engineering and Research Center, Attention: 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 State 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 experienced 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 responsibility 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 substance and shall not donate, capture, mask, or alter the constituents for which analyses will be made. All perforated casings used in the construction of monitoring wells shall be factory perforated; (5) Drilling fluid additives shall be limited to inorganic, non-hazardous 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 contaminating or interfering constituents; (7) If evidence of contamination is detected by sight, smell, or field analytical methods, drilling shall be halted until a responsible professional determines if further drilling is advisable; (8) All borings which are converted to vadose zone monitoring wells shall have the portion 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 level shall be determined. Highest anticipated ground water levels shall be determined by reviewing all available water level records for wells within one mile of the site. Existing site ground water levels shall be established either by reviewing all available water level measurements taken within the last two years at all existing wells, within 500 feet of the underground 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 boundaries 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 monitoring is the monitoring method, the boring shall be converted to a ground water monitoring 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 with the provisions 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 following 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 anticipated ground water level or to within three feet of the bottom of the surface seal or to the ground surface, whichever is the lowest elevation; (4) All well casings shall have a bottom cap or plug; (5) Filter packs shall extend at least two feet above the top of the perforated 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 precautions 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 Construction (Reference Bulletins 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 equilibrium 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 permanently 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 structure. (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 more than five feet below the bottom of the underground storage tank and which are 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 potential free water zone, the seal shall not extend below the top of the underground storage tank; and (4) Vapor wells need not be sealed against infiltration of surface water if constructed 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, borings 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 designated analyses including soil vapor and soil extract analyses and to provide 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 investigation which safeguard sample integrity and satisfy the requirements of subsection (g); (6) Samples shall be analyzed in a State-certified laboratory by methods 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 constituents in the soil environment, the analysis shall include these degradation and/or transformation constituents; (8) If hazardous substances known or suspected to have been contained 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 subsequent unauthorized release from the underground storage tank can be detected despite the presence of the hazardous substance already in the environment; and (9) If soil analysis indicates that an unauthorized release has occurred, the owner or operator shall comply with the release reporting requirements of Article 5 and shall replace, repair, upgrade, or close the underground storage tank pursuant to the applicable provisions of this chapter. (g) 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 indication of the quality of the medium (e.g., ground water, soil-pore liquid, soil vapor, or soil) being monitored. Some acceptable procedures are 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 part of the records required under section 2712 of Article 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. s 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 release from the underground storage tank, and any spill or overfill, in accordance 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 secondary containment shall record any unauthorized release described in section 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 report 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 product or vapors in soils, basements, sewer and utility lines, and nearby surface 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 defective, 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 reporting requirements in section 13271 of Division 7 of the California Water 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. s 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 substances released; (3) A description of the actions taken to control and clean up the release; (4) The method and location of disposal of the released hazardous substances (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 description of the method used to reactivate the interstitial monitoring 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 compatible 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 substance collected in the secondary containment; or (3) Hazardous substances, other than those stored in the primary containment system, are added to the secondary containment to treat or neutralize the released hazardous substance and the added substance or resulting substance from such a combination is not compatible with the secondary containment. (d) If a recordable unauthorized release becomes a reportable unauthorized release due to initially unanticipated facts (e.g., secondary containment is breached due to deterioration), the release shall be reported pursuant to section 2652. (e) Whenever the local agency reviews the operator's monitoring reports 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 2712 (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 underground 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. s 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 substance 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 information to the extent that the information is known at the time of filing the report: (1) Owner's or operator's name and telephone number; (2) A list of the types, quantities, and concentrations of hazardous substances 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 investigations which were undertaken and will be conducted to determine the nature and extent of soil, ground water or surface water contamination due to the release; (8) The method(s) of cleanup implemented to date, proposed cleanup actions, and a time schedule for implementing the proposed actions; (9) The method and location of disposal of the released hazardous substance and any contaminated soils or ground water or surface water. Copies of any completed hazardous waste manifests for off-site transport of these media shall be attached to the report; (10) A description of the proposed method(s) of repair or replacement of the primary and secondary containment. If this involves a change described in section 25286 of the Health and Safety Code, notification pursuant to that section shall be made. (11) A description of additional actions taken to prevent future releases. (d) Until investigation and cleanup are complete, the owner or operator shall submit reports to the local agency or Regional Water Quality Board, whichever agency is overseeing the cleanup, every three months or more frequently 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 report 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 subsection (e) or from other procedures approved by the agency, fail to confirm 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 Safety Code. Reference: Sections 25286, 25288 and 29295, Health and Safety Code; 40 CFR 280.52-280.53. s 2653. Initial Abatement Action Requirements. (a) Owners or operators required to conduct initial abatement in accordance with section 2652(e) shall comply with the following requirements: (1) Remove as much of the hazardous substance from the underground storage tank as necessary to prevent further release to the environment. (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 abatement activities. If these remedies include treatment or disposal of soils, the owner or operator shall comply with applicable State and local requirements. (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. s 2654. Initial Site Characterization Requirements. (a) Owners or operators required to conduct initial site characterization in accordance with section 2652(e), shall comply with the requirements 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 completing initial abatement and free product removal. This information shall include, 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 locations of wells potentially affected by the release, subsurface soil conditions, 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. s 2655. Free Product Removal Requirements. (a) At sites where investigations made pursuant to section 2652 indicate 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 conditions at the site. The free product removal process shall result in proper treatment, discharge or disposal of recovery by products in compliance with applicable local, state and federal regulations. (c) Abatement of free product migration shall be the predominant objective 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 implementing the free product removal measures; (2) The estimated quantity, type, and thickness of free product observed 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) The 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 permits for the discharge; and (7) The means of disposal and/or proposed disposition of the recovered free product. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25295, Health and Safety Code; 40 CFR 280.64. s 2660. General Applicability of Article. (a) This article describes the requirements for repairing or upgrading underground storage tank systems. Upgrades and repairs shall be properly conducted in accordance with this article and any additional manufacturer's specifications. (b) Section 2661 describes the requirements for repairing underground storage tanks, piping, or other underground storage tank system components that have caused an unauthorized release as defined in sections 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 underground storage tanks containing motor vehicle fuel. Underground storage tanks which contain motor vehicle fuel and which are constructed of fiberglass, other non-corrosive 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 requirements 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 overfill prevention equipment. (g) Section 2666 describes the upgrade requirements for underground piping. (h) Upgrade requirements for underground storage tanks, spill and overfill prevention, and underground piping shall be completed no later than December 22, 1998. Requirements for under-dispenser containment, or under-dispenser spill control or containment systems, shall be completed no later than December 31, 2003. (i) As a preventive 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 subsection, the owner or operator shall prove to the satisfaction of the local agency that the underground storage tank system has not caused an unauthorized release. If soil samples are taken, the owner or operator shall notify the local agency in advance of taking the samples. (j) Owners or operators shall maintain records of repairs, linings, and upgrades that demonstrate compliance with the requirements of this article 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 releases due to structural failure or corrosion during the operating life of the underground storage tank system. ( l) 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 being stored. (n) Steel underground storage tanks that exhibit corrosion during the course of repair or upgrade shall comply with the cathodic protection requirements 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). s 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 specified in section 2663. A previously lined tank may not be required using the interior lining method. (d) Holes in steel tanks shall be plugged using self-tapping bolts, boiler 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 minimum 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 directly 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 installation. (e) Metal piping, pipe fittings, or tank fittings that have released product 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 accordance with manufacturer specifications. (f) Tanks and piping which have been repaired shall be tested for tightness within 30 calendar days following the date of completion of the repair. 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 containment 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. s 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 2660(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 constructed 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 wells shall be constructed in accordance with applicable state and local well regulations. (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 tank 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 accordance 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. s 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 lining method. The evaluations described in subsections (b) and (c) of this section shall be completed before 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 entering 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 percent of the original diameter, the tank shall neither be certified nor returned to service unless the tank is excavated and repaired to correct the compression; (C) The special inspector shall conduct an interior inspection to identify any area where compression or tension cracking is occurring and shall determine whether additional fiberglass reinforcing is required for certification before the tank may be lined; and (D) If the special inspector does not certify the tank as suitable for lining because it failed a test conducted in accordance with subdivisions (1)(A) through (C) of this subsection, the tank shall be closed in accordance 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 accordance 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 following 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 perforation 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 corrosion 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 corrosion and that the existing corrosion problem does not threaten the structural 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. (f) 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 inspection 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 certification 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 following: (1) Determining that the tank has been cleaned so that no residue remains 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 required if the tank is constructed of fiberglass and is submerged in groundwater by more than 50% of its depth. (3) If the tank is constructed of fiberglass, taking interior diameter measurements to verify whether the cross-section 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 holiday detector in accordance with nationally-recognized industry codes. The owner or operator shall have all holidays repaired and checked in accordance with nationally recognized industry codes. (8) Certification from the special inspector or coatings 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 CFR 280.21 and 280.33. s 2664. Requirements for Using Bladder Systems. (a) Bladder systems may be installed in tanks which store motor vehicle fuel only, may be used to satisfy part of the upgrade requirements in section 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 voluntary 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 installation. 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 certified by the fabricator. (2) The entire interstitial space between the tank and the bladder shall be monitored in accordance with subsection 2632(c)(2). (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 constructed 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 storage tank and provide secondary containment. The special inspector shall make this certification by entering and inspecting the entire interior surface 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' specifications, 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 potential 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 underground storage tank walls that need additional reinforcing shall be reinforced in accordance with section 2661(d). (8) If required by manufacturers' specifications or the special inspector, the underground storage tank shall be lined in accordance with section 2663 prior to installation of the bladder only to the thickness deemed necessary by the more stringent requirement of the manufacturers' specifications 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; 40 CFR 280.21, 280.32(d) and 281.33. s 2665. Spill and Overfill Prevention Equipment Upgrade Requirements. By December 22, 1998, 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 specified 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 280.21. s 2666. Requirements for Upgrading Underground Piping. (a) By December 22, 1998, all underground piping containing hazardous substances other than motor vehicle fuel shall be retrofitted with secondary 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 plastic, 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 requirements of section 2636. (c) By December 22, 1998, all automatic line leak detectors for underground pressurized piping which is not secondarily contained shall be capable 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 must be connected 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-dispenser spill containment or control system. The under-dispenser containment or under-dispenser spill containment or control system shall meet, where applicable, the requirements of 2636(h)(2), or 2636(h)(3). 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. s 2670. General Applicability of Article. (a) This article defines temporary and permanent underground storage tank closure and describes the nature of activities which shall be accomplished 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 substances 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 extension of the temporary closure period for a maximum additional period of up to 12 months. Owners and operators shall complete a site assessment in accordance 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 withdrawal 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 shall apply to those underground storage tanks in which the storage of hazardous substances 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 consecutive months. (d) The requirements of this article do not apply to those underground storage tanks in which hazardous substances continue to be stored but no input or withdrawals are being made. In these cases, the applicable containment and monitoring requirements of Articles 3 or 4 shall continue to apply. (e) During the period of time between cessation of hazardous substance storage and actual completion of underground storage tank closure 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 application for temporary or permanent tank closure shall not exceed 90 calendar 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 2671 until the owner or operator demonstrates to the satisfaction of the local agency that appropriate authorized repairs have been made which make the underground storage tank capable of storing hazardous substances in accordance with the permit issued by the local agency. (h) Underground storage tanks that have emitted an unauthorized release and that cannot be repaired by authorized methods shall be permanently closed pursuant to requirements of section 2672. (i) Decommissioned tanks and underground storage tanks, permanently 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 substances released from such tanks before or after the closure, shall be reported by the owner pursuant to Article 5 and shall be cleaned up pursuant to section 13304 of the Water Code, Article 11 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 status 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. s 2671. Temporary Closure Requirements. (a) An owner or operator shall comply with all of the following requirements to complete and maintain temporary closure of an underground 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 pressure, 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 decision to modify monitoring requirements, the local agency shall consider the need to maintain monitoring in order to detect unauthorized releases 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 closure 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 underground storage tank only if the tank meets the requirements of Article 3 for new underground storage tanks or is upgraded to meet the requirements of Article 6. (e) All new and existing underground storage tank systems which have been temporarily closed must continue to comply with repair and recordkeeping 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: Section 25298, Health and Safety Code; 40 CFR 280.70 and 281.36(a)(1). s 2672. Permanent Closure Requirements. (a) Owners or operators of underground storage tanks subject to permanent closure shall comply with either subsection (b) for underground storage tank removal or subsection (c) for closure in place. It is not essential that all portions of an underground storage tank be permanently closed in the same manner; however, all closure actions shall be conducted 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 permanent closure shall comply with applicable provisions of Chapter 6.5 of Division 20 of the Health and Safety Code and with the following requirements: (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 pressure, 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 permanent 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 Division 20 of the Health and Safety Code and with the following requirements: (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 pressure, 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 other 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. (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 immediately 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 removed, at least one boring shall be taken as close as possible to the midpoint beneath the tank using a slant boring (mechanical or manual), or other appropriate method such as vertical borings drilled on each long dimensional side of the tank as approved by the local agency. (3) Soils shall be analyzed in accordance with section 2649 for all constituents of the previously stored hazardous substances and their breakdown or transformation products. The local agency may waive the requirement 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 11. 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. s 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) approved for a variance. These procedures are in addition to those established 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. s 2681. Site-Specific Variances. (a) A site-specific variance allows an alternative method of construction 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 Board for a variance, the applicant shall submit a complete construction and monitoring plan to the local agency. The proposed alternative construction or monitoring methods which may require a variance shall be clearly identified. If the local agency decides that a variance would be necessary to approve the specific methods or if the local agency does not act within 60 calendar days of receipt of a complete construction and monitoring plan from the applicant, the applicant may submit the variance application to the Regional Water Quality Board. (c) An application for a site-specific variance shall include, but is not limited to: (1) A description of the provision from which the variance is requested. (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 alternative 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 the 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 applications submitted and shall notify the applicant in writing within 30 calendar days of receipt of the application whether the application is complete. (e) The Regional Water Quality Board shall hold a hearing on the proposed variance as specified in section 25299.4(c) of the Health and Safety 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 Board 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 variance that has been granted. (h) The Regional Water Quality Board shall modify or revoke a variance 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 comparable to those prescribed in this section and Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulations. The 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. s 2682. Site-Specific Variances. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code. s 2690. General Applicability of Article. This 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. s 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 Resources 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 applicant 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 necessary 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. s 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 2711 lists the information that shall be submitted by the underground 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 2713 describes the local agency reporting requirements for unauthorized releases. (e) Section 2714 specifies conditions that shall be met by an underground storage tank owner or operator when requesting trade secret protection 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. s 2711. Information and Application for Permit to Operate an Underground Storage Tank. (a) The permit application shall include, but not be limited to, the following 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 name and telephone number of the person making the application. (5) A description of the underground storage tank including, but not limited to, the underground storage tank manufacturer, date of installation and tank capacity. (6) Construction details of the underground storage tank and any auxiliary equipment including, but not limited to, type of primary containment, type of secondary containment (if applicable), spill and overfill prevention equipment, interior lining, and corrosion protection (if applicable). (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, piping, 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; (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 procedures; (F) Ground water well(s) locations construction 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 financial responsibility requirements applicable to underground storage tanks containing petroleum. (12) If the owner or operator of the underground storage tank is a public 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 owner of the underground storage tank or a duly authorized representative of the owner; or, (B) If the tank 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 Permit Application-Form A," dated 5-91 and "Underground Storage Tank Permit Application-Form B," dated 12-91 shall be accompanied by the local government and state surcharge fees. (d) The local agency shall provide the California Association of Environmental Health Administrators with copies of permit applications in accordance with Chapter 6.7 of the Health and Safety Code. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25287, Health and Safety Code. s 2712. 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, 6 1/2 years for cathodic protection maintenance records, and 5 years for written performance claims pertaining to release detection systems, and calibration and maintenance records for such systems. Records of repairs, lining, and upgrades shall be maintained 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 requirements, and the state underground storage tank identification number(s) for which the permit was issued. Before a local agency issues a new permit 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 storage tank owners if: (1) the new underground storage tank owner does not change conditions of the permit, (2) the transfer is registered with the local agency within 30 days of the change in ownership, and (3) state permit application forms are completed to show the changes. Transferred permits shall expire and be renewed on the original expiration date. A local 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 permit unless the underground storage tank has been inspected by the local agency or a special inspector within the previous 12 months and the inspection 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 been implemented before renewing the permit. (f) Within 30 calendar days of receiving an inspection report from either the local agency or the special inspector, the permit holder shall implement the corrections specified in the inspection report and comply with the permit conditions. The corrective action shall include all of the recommendations made by the local agency or special inspector. The local agency may waive the implementation of any of the special inspector's recommendations based on a demonstration by the permit holder to the local agency's satisfaction that failure to implement the recommendation will not cause an unauthorized release. (g) The local agency shall take appropriate enforcement action pursuant to section 25299 of the Health and Safety Code or prohibit the operation 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 written 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 spilling or overfilling. Before product is delivered, owners, operator, or their agents shall ensure that the space available in the tank is greater than the volume of product to be transferred to the tank and shall 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: Sections 25284, 25285, 25286, 25288, 25289, 25293 and 25294, Health and Safety Code; 40 CFR 280.31(d), 280.33(f), 280.45 and 281.32(e). s 2712.1. Content of Upgrade Compliance Certificates. Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code. s 2712.2. Issuing Upgrade Compliance Certificates. Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code. s 2712.3. Displaying Upgrade Compliance Certificates. Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code. s 2712.4. Replacing Upgrade Compliance Certificates. Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code. s 2712.5. Lists of Underground Storage Tank Facilities. Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code. s 2712.6. Prohibitions. Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code. s 2712.7. Sunset Provisions. Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code. s 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 overseeing cleanup. Local agencies shall transmit this unauthorized release update information on a quarterly schedule established by the board. (c) On a quarterly basis, each local agency shall send to the board, information pertaining to local underground storage tank program implementation and enforcement activities. This information 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 compliance with leak detection requirements (5) facilities that received formal and informal enforcement action (6) 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 located; (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. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25292.3, Health and Safety Code. s 2714. Trade Secret Provisions. (a) Any person making an application for a permit to operate an underground 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 confidentiality. The information which shall be submitted includes, but is not limited to: (1) Identification of those portions of the information which are believed to be trade secrets; (2) The length of time this information should be treated as confidential; (3) Measures that have been taken to protect this information as confidential; and (4) A discussion of why this information is subject to trade secret protection, 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 instructed 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 request. The agency shall then evaluate the request on the basis of the definition 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 decision. 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 section until a final determination is made. (f) Information which has been found to be confidential or which is being reviewed to determine if confidentiality should exist, shall be immediately 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 information 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. Appendix I Table A Suggested Test Methods Applicable to Regulatory Requirements Section Number 2631(d)(6) ASTM D-751, "Coated Fabrics" (1989) ASTM D-1004 "Initial Tear Resistance of (1988) Plastic Film and Sheeting" 2631(d)(6) ASTM D-413, "Rubber Property - Adhesion (1982) to Flexible Substrate" ASTM D-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 101C "Puncture Resistance and Method 2065 Elongation Test (1/8 inch (1980) Radius Probe)" 2631(d)(6) FTMS 101C "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 Engineers 345 East 47th Street New York, NY 10017 (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 Pollutants Under the Clean Water Act; Final Rule and Interim Final Rule and Proposed Rule," EPA Fed. Reg. Vol. 49, No. 209, October 26, 1984. "Manual of Methods for the Chemical Analysis of Water and Wastes," EPA 600/4- 79-020, March 1979. "Procedures Manual for Ground Water Monitoring at Solid Waste Disposal Facilities," EPA 530/SW-611, August 1977. "Soil Sampling Quality Assurance User's Guide," EPA 600/4-84- 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 Sampling and Sample Preservation of Water 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 Human 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, 15th 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 Wastewater, 1981. "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. Geological 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, Division 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." 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 facility site. Appendix III Examples of Quantitative Release Detection Methods for Existing Tanks Detection Method Performance Standards Automatic Tank Gauging (Monthly) Section 2643(b)(1) Automatic Tank Gauging (Monthly) and Manual Inventory Reconciliation (Monthly) Section 2643(b)(2) Tank Integrity Test (Annually) and Manual Inventory Reconciliation (Monthly) Section 2643(b)(4) Statistical Inventory Reconciliation (Monthly) and Tank Integrity Testing (Biennially) Section 2643(b)(3) Manual Tank Gauging (Weekly) and Tank Integrity Testing (Annually) Section 2645 Examples of Quantitative Release Detection Methods for Single-Walled Pressure Piping Detection Method Performance Standards Automatic Line Leak Detector (Hourly) Section 2643(c)(1) and Automatic Electronic Line Leak Detector (Monthly) Section 2643(c)(2) Automatic Line Leak Detector (Hourly) Section 2643(c)(1) and Automatic Electronic Line Leak Detector (Annually) Section 2643(c)(3) Automatic Line Leak Detector (Hourly) Section 2643(c)(1) and Line Tightness Test (Annually) Section 2643(c)(3) 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 Appendix IV Evaluation Procedure for Leak Detection Equipment Leak detection equipment can be evaluated for performance in accordance 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 detection. 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 results. The results from each standard test procedure provide the information 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 compliance with the regulations. Independent third-parties may include consulting 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 detection equipment is to have an independent third party evaluate the system following a national voluntary consensus code or standard developed 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 Standards" (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 consensus 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 recognized association or independent third-party testing laboratory (e.g. Factory Mutual, National Sanitation Foundation, Underwriters Laboratory, 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, this 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 possible to (or smaller than) the performance standard. In the case of tank testing, this will mean testing under both 0.0 gallon per hour and 0.10 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 different 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 standard 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. Appendix V Certificate of Tank and Pipe Installations The owner or operator shall use the form below to certify that the underground storage tank and piping were installed properly. Appendix VI s 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 operator(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) indicating he or she has passed the California UST System Operator exam. The individual shall renew the ICC certification, by passing the California UST System Operator exam, every 24 months. (c) The designated UST operator(s) shall perform monthly visual inspections of all underground storage tank systems for which they are designated. The results of each inspection shall be recorded in a monthly inspection 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 debris in spill containers. (3) Inspecting for the presence of hazardous substance, water, or debris in under-dispenser containment areas, and checking that the monitoring 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 debris 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 monitoring equipment in these containment sumps is located in the proper position to detect a leak at the earliest possible opportunity. (5) Checking that all required testing and maintenance for the underground storage tank system have been completed, and documenting the dates these activities occurred. (6) Verifying that all facility employees have been trained in accordance with subdivision 2715(f). (d) The designated UST operator(s) shall provide the owner or operator with a copy of each monthly inspection report, and alert the owner or operator of any condition discovered during the monthly visual inspection that may require follow-up actions. (e) The owner or operator shall maintain a copy of the monthly inspection record and all attachments for the previous twelve months. The records 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 facility employees for which he or she is responsible 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 facility's best management practices. (B) The facility employee's role with regard to the monitoring equipment 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 local agency. (3) A list of facility employees who have been trained by the designated 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 provided 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 employees 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 License Board. (h) Any individual(s) installing underground storage tank system components shall meet the following requirements, or work under the direct 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 certificate of training issued by the manufacturer(s) of the underground storage 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 underground 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, every 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 Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing 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 obtained through the developer of the testing equipment or test method being used, or through the manufacturer of the secondary containment system being tested, as applicable. (B) For service technicians performing work on monitoring equipment, 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 satisfy the criteria of subparagraph (i)(2)(A) or (B), the local agency may approve comparable alternate training or certification. (3) Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever 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 International Code Council (ICC), indicating 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 date the exam is available. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months. (j) Local agency inspectors or special inspectors conducting underground storage tank inspections must meet the following requirements: (1) Effective September 1, 2005, these individuals shall possess a current 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 requirement 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 Water Quality Underground Storage Tank Program Manager. Note: Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281 and 25284.1, Health and Safety Code; and 40 CFR 280.20. s 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 11 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 required spill containment structure, where the failure is causing or threatens 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 recalcitrant, the local agency shall consider whether there is evidence indicating 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 requirements in Section 25296.10 of the Health and Safety Code and Article 11 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 potential 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.Authority cited: Sections 25292.3(g), 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code. s 2717.1. Affixing Red Tags. (a) Upon the discovery of a significant violation that poses an imminent 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 underground 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 violation(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 identifying the significant violation(s). If the owner or operator fails to correct the significant violation within seven business days from receipt of the notice, the local agency may affix a red tag to the fill pipe of the non-compliant underground 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. (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-resistant 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 information 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 violations 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.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code. s 2717.2. Removing Red Tags. (a) Upon notification by the owner or operator documenting to the satisfaction of the local agency that the significant violation has been corrected, the local agency may provide written authorization to the owner or operator to remove the red tag. The local agency shall inspect the underground storage tank system within five business days of notification to determine whether the system continues to be in significant violation, regardless of whether it has authorized removal of the red tag by the owner or operator. If, upon inspection, the local agency determines that the system is no longer in significant violation and it has not already authorized removal of the red tag, the local agency shall immediately remove the red tag. (b) Upon removing a red tag from an underground storage tank system, 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 authorization 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 requested 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.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code. s 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 requiring operation of the system and the delivery of petroleum is necessary for the continued operation of the system during the emergency. For purposes 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.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281.5 and 25292.3, Health and Safety Code. s 2717.4. Notice of Correction of Significant Violation. Upon making a determination that a significant violation has been corrected, 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.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code. s 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.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code. s 2717.6. 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 DELIVERY PROHIBITED!" (2) The following wording, printed in white below the wording described in subdivision (b)(1) in at least 16 point type: "Delivering petroleum, 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 following 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 corner, a unique identification number imprinted mechanically at the time of production. (5) In the lower right hand corner, a graphic comprised of a blue background, the letters SWRCB in black, and white wavy lines depicting water. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code. s 2717.7. Enforcement Scope of Article. Nothing in this Article shall be construed as prohibiting the local agency, board, regional board, or any other prosecuting agency from taking any other action as provided for by law, including but not limited to requiring removal of the stored substance from the tank pursuant to Section 2652 or revoking or modifying the operating permit pursuant to Section 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.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code. s 2720. Additional Definitions. Unless the context clearly requires otherwise, the following definitions 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 action does not include any of the following activities: (1) Detection, confirmation, or reporting of the unauthorized release; or (2) Repair, upgrade, replacement or removal of the underground storage tank. "Cost-effective" means actions that achieve similar or greater water quality benefits at an equal or lesser cost than other corrective actions. "Federal act" means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), 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 underground 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 immediately before the discontinuation of its use; (3) Any owner of property where an unauthorized release of a hazardous 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. s 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 unauthorized release pursuant to Section 25295 of Chapter 6.7. (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 pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code; (3) all applicable water quality control plans adopted pursuant to Article 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 Section 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 13000 of the California Water Code, to ensure that corrective action complies with applicable policies for water quality control and applicable water quality control plans. (d) The regulatory agency responsible for overseeing corrective action at an underground storage tank site shall comply with the applicable public 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 notice shall constitute agency concurrence on the completed corrective action. 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. s 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 actions, 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 action, the responsible party shall notify the regulatory agency of the proposed 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 contaminants. (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 jurisdiction for the site where the underground storage tank is or was located: (1) for proposed activities under the Preliminary Site Assessment 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 implementation of the proposed actions after the workplan has been submitted and before it has received agency concurrence. Implementation of the workplan may begin sixty (60) calendar days after submittal, unless the reponsible 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 Code. 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 Section 13267 Water Code. s 2723. Preliminary Site Assessment Phase. (a) The Preliminary Site Assessment Phase includes, at a minimum, initial site investigation, initial abatement actions and initial site characterization in accordance with Sections 2652, 2653, and 2654 of Article 5 and any interim remedial actions taken in accordance with 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 constitute initiation of corrective action. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25295, 25298 and 25299.37, Health and Safety Code and 40 CFR Sections 280.61 and 280.62. s 2724. Conditions That Require Soil and Water Investigation. The responsible party shall conduct investigations of the unauthorized 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 occurred 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 actual 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 Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Sections 280.61 through 280.64 s 2725. Soil and Water Investigation Phase. (a)The Soil and Water Investigation Phase 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 responsible 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 Corrective 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 Section; 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 substance or its constituents, including their toxicity, persistence, and potential 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 implement 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 control 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 Section 2721(b) and shall meet the following requirements: (1) For waters with current or potential beneficial uses for which numerical 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 accordance 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. s 2726. Corrective Action Plan Implementation Phase. (a) The Corrective Action Plan Implementation Phase consists of carrying out the cost-effective alternative selected during the Soil and Water Investigation Phase for remediation or mitigation of the actual or potential 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 Corrective 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 Corrective Action Plan may begin sixty (60) calendar days after submittal, unless the responsible party is otherwise directed in writing by the regulatory 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. s 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 Action Plan through sampling or other monitoring of soil and/or water for such period of time and intervals agreed to by the regulatory agency. Using 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 evaluation 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. s 2728. Public Participation. (a) For each confirmed unauthorized release that requires a Corrective Action Plan, the regulatory agency shall inform the public of the proposed 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 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 corrective 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 21000. 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. s 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. s 2729.1. Electronic Submission of Laboratory Reports. Note: Authority cited: Section 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. s 2730. Purpose. The State Water Board is vested with all the functions and duties relating to the administration of the Tank Tester License Program (section 25284.4 Health and Safety Code). Specifically, the purpose of the Tank Tester License Program is to protect the environment and public health and safety by establishing minimum qualifications for those who test underground storage tanks and associated piping and by establishing a licensing program for underground storage tank testers. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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 information. (b) "Advertisement" means any written or printed communication for the purpose of soliciting, describing, or promoting the licensee's business including a brochure, letter, pamphlet, newspaper, periodical, publication or other writing. Advertisement also includes a radio, television, or similar airwaves transmission, or videotape recording which 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 where 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 tank 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 determine the student's knowledge and understanding of the course of study material. Anyone who desires to provide an approved course of study shall furnish the Division with the following material: (A) An instruction manual proposed for use by the instructor which covers all material and information to be given to students and which is in accordance with the provisions of subdivisions (d)(1)-(6) of this section. (B) Copies of all handout material to be given to students. (C) Copies of all video tapes to be used for instructional purposes. (D) Names, addresses, telephone numbers, and related work experience 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 license for the purpose of conducting the business of a tank tester, including 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 writing, under penalty of perjury. (g) "Direct personal supervision" means the watchful care and inspection 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 employment; (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 received 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 following: (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 issued by the State Water Board. ( l) "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 integrity 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 Tester License Program. (o) "Qualifying Experience" means experience in all aspects of tank integrity testing including personally setting up and operating tank integrity 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 appropriate 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 section 2611 of Chapter 16 of the California Code of Regulations. (r) "Tank tester" means any person who performs integrity tests on underground storage tanks or associated piping. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sections 25283 and 25284.4, Health and Safety Code. s 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 licensed 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: Section 25284.4, Health and Safety Code. s 2741. Record of Disciplinary Actions. Written information regarding disciplinary action taken against licensees 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: Section 25284.4, Health and Safety Code. s 2750. Necessity of License. All tank integrity tests, as defined in section 2611 of Article 1 of Chapter 16 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 regulations have been met. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 2751. Local Regulations; Ordinances. The provisions of these regulations shall not prevent the local authorities of any city, and/or county from: (a) requiring tank tester licensees to meet the requirements for and obtain a local business permit; (b) requiring 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, other 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: Section 2599.2, Health and Safety Code. s 2760. License Requirements. An applicant for a tank tester license shall have successfully completed training from the manufacturer of the tank and piping test equipment to be used and shall: (a) have completed a minimum of either one year of verifiable qualifying experience testing at least 50 underground storage tanks or have successfully 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 section 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 Division 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: Section 25284., Health and Safety Code. s 2761. Application for Licensure. (a) Content -An application shall include but not be limited to: (1) 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, verifying the applicant's qualifying experience as specified in section 2760(a); (3) verification that the applicant was trained by the manufacturer in the principles and use of the equipment and method upon which the applicant 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 specified in Article 7; and (6) The Division may require the submission of any additional pertinent information, evidence, statements, or documents which would support 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 application is deficient, the applicant may be scheduled for the next examination upon completion of the application. (e) Abandonment -If an applicant fails to complete an application within one year of the date of receipt by the Office of Tank Tester Licensing, or fails to take the examination within one year after the date of receipt of the application by the Office of Tank Tester Licensing, the application shall be considered abandoned. An application submitted after the abandonment of a previous application shall be treated as a new application and shall be required to meet all of the requirements for an initial license. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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 procedures. (b) Frequency -A minimum of two examinations shall be given each year. (c) Dishonest conduct during examination--An applicant for licensure as a tank tester who engages in dishonest conduct during the examination shall have his or her examination confiscated immediately and shall not have his or her examination graded and shall be denied the opportunity 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 examination, the Division shall notify applicants 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 examination upon paying the reexamination fee as prescribed by Article 7 and filing a completed application for reexamination within the time limits and conditions relating to applications for initial examinations provided in Section 2761. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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 payment 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 desires 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 2731 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 required 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 completed 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 expiration of any license issued under these regulations, the holder of the license 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 reinstatement application and payment of the renewal fee and the reinstatement fee as prescribed by Article 7. The Division shall notify licensees in writing within 30 calendar days of receipt of a reinstatement application if the application is deficient. The notice shall state the specific information 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 assessed have been paid or until disciplinary actions have been completed. A license which has been expired for more than one year may not be reinstated. The applicant must file an initial application, pass the examination, 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 activities -A suspended tank tester license is subject to expiration and shall be renewed as provided in this article; however, renewal of the license 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 reinstated. (h) Assignment -A license issued under these regulations is not assignable. (i) License denial; grounds -A license may be denied by the 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 Division. 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 submitting two color photographs as prescribed by section 2731 and the duplicate license fee prescribed by Article 7. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 2770. Notice of Change of Address. A licensee shall notify the Division of any change of his or her residence and business addresses and telephone numbers within 30 calendar days after the change. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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. Reference: Section 25284.4, Health and Safety Code. s 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 performance of those under the licensee's direct and personal supervision 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 performed. (c) Each licensee shall have completed training from a manufacturer for each test method used prior to using any test method. The licensee shall submit to the Office of Tank Tester Licensing, a certificate of completion or other proof of training issued by the manufacturer, before using the test method or equipment. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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 thereof, and information pertaining thereto or therein, shall be submitted to the Division upon demand. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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 revocation 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 violation of the provisions of Chapters 16 and 17; (b) willfully or negligently failing to exercise direct and personal supervision over an unlicensed employee, associate, assistant, or agent during any phase of tank or piping integrity testing; (c) without regard to intent or negligence, using or permitting a licensed or unlicensed employee, associate, or agent to use any tank or piping 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 license 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 regulations 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 2731; (k) aiding or abetting an unlicensed tank tester or assigning a license as defined in section 2731; ( l) 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 described in sections 2771 and 2772; (n) violating section 17500 of the Business and Professions Code; (o) failing to have successfully completed training from a manufacturer 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 16. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code; and Section 17500, Business and Professions Code. s 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 subject 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: Section 25284.4, Health and Safety Code. s 2781. Action by Division. A licensee or applicant for licensure (hereafter referred to as "appellant" for the purposes of this Article) who wishes to appeal any discretionary decision made by the Office of Tank Tester Licensing or any violation 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 examination 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 review 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 Chief's determination shall be in writing, labeled as the Division Chief's 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 review by the State Water Board. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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 Division Chief's 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. 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. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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: Section 25284.4, Health and Safety Code. s 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 calendar days of the receipt of the request for review. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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 determination was proper; or (B) set aside or modify the Division Chief's determination; or (C) direct the Division to take other specified action. (b) Before taking final action, the State Water Board may hold a hearing for the purpose of oral argument or receipt of additional evidence or both; or, the State Water Board may provide for an informal meeting between 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 notice 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 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 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 2790. Disciplinary Proceedings. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 2800. Fees. (a) The nonrefundable application fee for an initial tank tester 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 ($200). (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 certification 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: Section 25284.4, Health and Safety Code. s 2801. Copies of Laws, Rules, etc.; Disposition. The Office of Tank Tester Licensing shall furnish one copy of the licensing law, rules, regulations, manuals, or guides to any applicant or licensee or other interested parties without charge. Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 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: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code. s 2803. Applicability. (a) The regulations in this chapter implement the Barry Keene Underground 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 petroleum 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, regulatory technical assistance, and third party compensation costs incurred by eligible owners and operators of underground storage tanks and residential 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 Manager 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 underground storage tanks and other responsible parties to petition for review 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. s 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 responsibility that is required to cover all unauthorized releases that might occur in one year. "Annual revenue" with respect to public entities, means the total annual 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 ending 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, including death, sustained by any person as a proximate result of an unauthorized release from an underground storage tank or residential tank. "Certification" means a written statement signed by a claimant attesting 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 operator. 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, including, but not limited to, the Fund application, reimbursement requests, and verification documents. "Claimant" means an owner or operator who files a claim against the Fund. "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 action does not include any of the following activities: (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 financing 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 1976 and Solid Waste Amendments of 1984 (42 U.S.C. ss 6991-6991i), as it may subsequently be amended or supplemented, and the regulations adopted pursuant thereto. The Federal Act is incorporated herein by reference. "Financial responsibility" means state and federal financial responsibility requirements for petroleum underground storage tanks. These requirements are established by: (a) title 40 Code of Federal Regulations, part 280, subpart H (commencing with section 280.90), established pursuant to section 6991c(c) of title 42, United States Code; (b) Health and Safety Code Section 25292.2; (c) Health and Safety Code, division 20, article 3, chapter 6.75 (commencing 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; aircraft 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 relief; and cigarette taxes. "Gross negligence" means any act or failure to act by the owner or operator, its employees, agents, or any other person under the owner's or operator's supervision or control, in reckless disregard of the consequences, that causes or allows an unauthorized release from an underground storage tank or residential tank to occur or to continue. "Heating oil" means petroleum, as defined in 40 Code of Federal Regulations, section 280.12, that is: Number 185, page 37117, namely: No.1, No.2, No.4-light, No.4-heavy, No.5-light, No.5-heavy, and No.6 technical 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 unauthorized release is most likely to be present. "Initiation of corrective action" means actual commencement of corrective action work by or under the authority of an owner or operator in accordance with California Code of Regulations, title 23, division 3, chapter 16, article 11 (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 organization 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 petroleum 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 Safety 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, corporation, 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, including the following substances: motor fuels, jet fuels, distillate fuel oils, residual 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 petroleum 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 marketing facilities. Firms owning other types of facilities 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 release 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 for regulating underground storage tanks or residential tanks or that has responsibility for corrective action or overseeing corrective action, for unauthorized releases from underground storage tanks or residential tanks. "Regulatory technical assistance" means assistance from a person other than the claimant in the preparation and submission of a claim to the Fund. Regulatory technical assistance includes assistance with completing and submitting the Fund application, reimbursement requests, and supporting documentation, and complying with procurement requirements. 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, escaping, leaching, or disposing from an underground storage tank or residential 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 dwelling purposes. 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 Safety 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 of the unauthorized release; or (2) The tank is located at the residence of a person, the tank is located on property that on and after January 1, 1985, has not been used for agricultural purposes, the tank has a capacity of 1,100 gallons or less, and on and after January 1, 1985, the petroleum in the tank has been used solely as home heating oil for consumptive use on the premises where 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 agricultural or resale purposes. (2) On or after January 1, 1985, the tank has not been used to store motor vehicle fuel used primarily for agricultural or resale purposes. "Site" means the parcel of real property at which an underground storage tank or residential tank is located, subject to the following limitations: (a) If underground storage tanks or residential tanks are located at adjacent 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 or control. (b) Notwithstanding subdivision (a), the Board may consider a parcel of real property as consisting of multiple sites, corresponding to the number 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 or 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, 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 domiciled 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, subdivision (d). "Tangible net worth" means the tangible assets that remain after deducting 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 operator is legally obligated to pay a third party, whether or not the owner or operator receives reimbursement from the fund, for bodily injury or property damage to the third party resulting from an unauthorized release of petroleum from an underground storage tank or residential tank. Compensation 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 accordance with the Code of Civil Procedure, part 3, title 9 (commencing with section 1280), imposing liability on the owner or operator for costs eligible 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 section 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 25281, subdivision (y), except that "underground storage tank" means only those underground storage tanks that contain only petroleum or, consistent with Federal Act, a mixture of petroleum with de minimis quantities of other regulated substances. "Underground storage tank" does not include any structures specifically 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)(1)-(2), 25299.55, 25299.57, 25299.58 and 25299.61, Health and Safety Code; and 40 Code of Federal Regulations Section 280.12. s 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. s 2806. General Responsibility to Meet Federal Requirements. (a) All owners and operators subject to this article are required to demonstrate 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 storage 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: Section 25299.77, Health and Safety Code. Reference: Section 25299.30, Health and Safety Code. s 2806.1. Current Federal Compliance Dates. (a) Owners and operators must comply with federal financial responsibility 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 Administration; (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 13-99 underground 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; (5) February 18, 1994 for local governmental entities; and (6) December 31, 1998 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 detection 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. s 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 operator shall demonstrate compliance with financial responsibility requirements. 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. s 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 facility 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. s 2808. Demonstration of Financial Responsibility Through Compliance with Federal Requirements. Owners or operators may fulfill federal financial responsibility requirements in the manner and through the mechanisms authorized by the Federal Act. Owners or operators who choose to fulfill financial responsibility requirements through a mechanism other than the Fund must meet all applicable conditions and requirements, and are subject to all applicable provisions contained in the Federal Act. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.30 and 25299.33, Health and Safety Code. s 2808.1. Use of Fund to Meet Financial Responsibility Requirements. (a) As an alternative to, or in conjunction with, demonstration of financial responsibility in the manner and through use of other mechanisms authorized by the Federal Act, an owner or operator may demonstrate financial responsibility of up to $1 million through use of the Fund. In order 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 Financial Responsibility Pursuant to Section 2811.1 Amount Priority Class A $-0- Priority Class B $ 5,000 Priority Class C $ 5,000 Priority Class D $10,000 If a waiver is granted pursuant to section 2811, 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 comply 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 through 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 operators 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 subdivision (b) of this section, an owner or operator may demonstrate compliance with applicable financial responsibility requirements by demonstration of a tangible net worth of ten 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 basis of current market value of tangible assets and must reflect the 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 instructions in brackets are to be replaced by the relevant information and the brackets deleted: LETTER FROM CHIEF FINANCIAL OFFICER I am the chief financial officer for [insert: business name, business address and correspondence address of the owner or operator]. This letter is in support of the use of the Underground Storage Tank Cleanup Fund to demonstrate financial responsibility for taking corrective action and/or compensating third parties for bodily injury and property damage caused by 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 underground storage tanks for which financial responsibility is being demonstrated 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 execution] 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 letter 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 alternative to demonstrate financial responsibility. (d) If an owner or operator using the alternative provided by subdivision (c) of this section no longer meets applicable tangible net worth requirements 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 owner 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 reports 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 responsibility 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 responsibility called for by these subdivisions within the time frames stated therein, the owner or operator must notify the Division and any appropriate regulatory agencies within 10 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. s 2808.2. Fund Coverage. (a) An owner or operator using the Fund to demonstrate financial responsibility 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 applicable 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 occurrence, 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 Safety 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. s 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. s 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 permit 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 responsibility mechanism or mechanisms being used by the owner or operator, and otherwise document current compliance with financial responsibility requirements, upon request of the appropriate regulatory agency under any of the following conditions: (1) within 30 days after the owner or operator identifies an unauthorized release of petroleum which is required to be reported under the California Code of Regulations, 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. s 2809.1. Recordkeeping. (a) Owners and operators must maintain evidence of all mechanisms used to demonstrate financial responsibility in accordance with the provisions 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 officer'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 storage 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 certification 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 responsibility worded as follows, except that instructions in brackets are to be replaced 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 required by section 2807 are as follows: [List the facility and address, each type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage, and whether the mechanism covers taking corrective 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 responsibility change. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.31 and 25299.33, Health and Safety Code. s 2809.2. Additional Financial Information. The Division or an appropriate regulatory agency may require an owner or operator to submit evidence of financial responsibility or other information relevant to compliance with this article at any time. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.31 and 25299.33, Health and Safety Code. s 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 occurrence: (1) corrective action costs incurred for work performed on or after January 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 combination of the foregoing types of costs. (b) A claimant must submit a separate claim for each occurrence. Multiple owners and operators of a site may submit joint claims. Note: Authority cited: Section 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. s 2810.1. Eligible Claimants. (a) Only a current or former owner or operator of an underground storage 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 compensation costs, the owner or operator must be eligible to file a request for reimbursement of corrective action costs for the site at which the unauthorized release occurred, and the judgment, arbitration award, or settlement must have been entered or approved after January 1, 1988. (b) Notwithstanding subdivision (a), a person who owns a site may file a claim against the Fund if: (1) an unauthorized release requiring corrective action previously occurred 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 further action was required at the site; (4) the person who completed the corrective action identified in subdivisions (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, subdivision (b) of this chapter; and (6) a regulatory agency requires additional corrective action at the site due to additionally discovered contamination from the previous unauthorized release. (c) Purchasers of real property or persons who otherwise acquire real property on which an underground storage tank or residential tank is situated may not receive reimbursement from the Fund for a cost attributable 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 diligence would have discovered that an underground storage tank or residential tank was located on the real property being acquired; and (2) any person who owned the site or owned or operated an underground storage tank or residential tank at the site prior to acquisition by 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 previous 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 reimbursement from the Fund because the cost is attributable to an occurrence that commenced after an ineligible owner or operator ceased having 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 environmental site assessment that concluded that petroleum contamination was not an environmental concern at the site. For purposes of this subdivision, 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 environmental 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 assessment 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 control 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 environmental site assessment; (D) the environmental site assessment concludes that petroleum contamination 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 environmental site assessment determines that an underground storage tank or residential tank is present or has been present on the site, the environmental 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(a)-(c), 25299.51(f) and (i), 25299.54, 25299.55, 25299.57 and 25299.58, Health and Safety Code. s 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. s 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. s 2811. Permitting and Other Eligibility Requirements. (a) An owner or operator of an underground storage tank or a residential 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 underground storage tank or residential tank. (2)(A) Except as provided in subdivision (B), the claimant has complied with the permit requirements of chapter 6.7 (commencing with section 25280). (B) If the underground storage tank or residential tank that is the subject 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 required permit on or before January 1, 1990. 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 requirement 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 Safety 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 permit. Any claimant who obtains a waiver of the requirement to obtain a permit pursuant to this subdivision shall pursue with reasonable diligence and obtain any permit required by Health and Safety Code, division 20, chapter 6.7. 2. For claims filed on or after January 1, 1994, and for claims filed before January 1, 1994, but where the claimant is not granted a waiver pursuant to subdivision 1. above, a claimant may obtain a waiver of the requirement to obtain a permit required by Health and Safety Code section 25284 if the claimant owned or operated the tank before January 1, 1990, and demonstrates all of the following to the satisfaction of the Division: a. The claimant was unaware prior to January 1, 1990, of the requirement 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 complied with the financial responsibility requirements set forth in section 25299.31 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 section 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 subdivision (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 obtain pursuant to section 25299.32 of the Health and Safety Code. The Division 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 Division. (3) The claimant has complied with any applicable financial responsibility requirements. (4) On or after January 1, 1988, the claimant was required to perform corrective action pursuant to Health and Safety Code, division 20, chapter 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 petroleum 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, chapter 6.7 and Water Code, division 7. Any corrective action performed on or after December 2, 1991, was performed in accordance with California Code of Regulations, title 23, division 3, chapter 16, article 11. Any corrective 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 directives were issued or other verification as may be acceptable to the Division. (6) 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 section 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. (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 entitled to reimbursement for eligible corrective action, regulatory technical 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 regulatory agency and was performed in accordance with the written or oral directives 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 verification as may be acceptable to the Division. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.37(a)-(c), 25299.54, 25299.57 and 25299.58, Health and Safety Code. s 2811.1. Claim Priority Classes. (a) The Board will assign each acceptable claim to one of the following priority classes: (1) Class A -Claims by owners of residential tanks as defined in article 2 of this chapter. (2) Class B -Claims by owners and operators of underground 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 determining 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 underground storage tanks who own or operate a business that employs fewer than 500 full-time and part-time employees, is independently owned and operated, and is not dominant in its field of operation, and claims by cities, counties, 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 time of discovery 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)(1)-(2), Health and Safety Code. s 2811.2. 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 identification 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 payment 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 transfer and the person who acquired the underground storage tank or residential 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 subject 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 involved, 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 release; (6) the date on which any corrective action was initiated and the current 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 following 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, documentation identifying the number of full-time and part-time employees (e.g., copy of an Employment Development Department form DE6); (h) a statement of the total amount of costs for which reimbursement is sought; (i) a certification that all corrective action costs claimed were incurred for work performed after January 1, 1988; (j) a certification that the claimant meets all applicable eligibility requirements set forth in section 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 period 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 extended until the completion of any audit in progress; and (l) 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 assigns Fund reimbursement rights to a person; (m) if a claimant has entered into the agreement described in subdivision (l), documentation that confirms the date of the agreement (e.g., a sworn statement by all parties to the agreement); (n) any other information or supporting documentation reasonably required 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(a)-(b), 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. s 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 information described in section 2811.2, subdivisions (a) through (h) and, if applicable, subdivisions (l) and (m); (b) a certification that the claimant meets all applicable eligibility requirements set forth in section 2811 of this chapter; (c) a certified or verified copy of the judgment, court-approved settlement, or arbitration award pursuant to which the claimant seeks reimbursement; (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 completion of any audit in progress. (e) any other information or supporting documentation reasonably required by the Division to determine the eligibility, reimbursable amount due, and 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(a)-(b), 25299.54(a)-(d), 25299.55, 25299.57(a), (b), (d) and (f), 25299.58 and 25299.59(c), Health and Safety Code. s 2811.4. 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 preparing a workplan or corrective action plan as specified in the California Code of Regulations, title 23, division 3, chapter 16, article 11, the claimant 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 proposals 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 specified in the California Code of Regulations, title 23, division 3, chapter 16, article 11; (2) a copy of a letter or other written materials that demonstrate to the Division's satisfaction that the appropriate regulatory agency has directed 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 contractors 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 Division waive the three bid requirement pursuant to section 2812.1 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 necessary 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-approval or fails to act within 30 days after receiving the request, the claimant 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 potential 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. s 2812. General Procedures for Reimbursement. (a) The Board will issue eligible claimants a letter of commitment that will obligate funds for eligible corrective action costs, regulatory technical 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 reimbursed 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 documentation that demonstrate to the Division's satisfaction that the corrective action and regulatory technical assistance costs claimed by a claimant 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 performing 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 clerical support, 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-payee for payments from the Fund. In such cases, the Board will issue payments jointly to the claimant and the designated representative. (f) Within 60 days of the receipt of a properly documented reimbursement 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 claimant 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. s 2812.1. Compliance with Laws; Bid Requirements. (a) Claimants must follow applicable state laws and regulations in procuring consultant and contractor services and must ensure that such services 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 corrective 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 Professions Code, division 3, chapter 12.5 (commencing with section 7800) or by professional engineers within the meaning of 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 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 claimants for any work for which proposals or bids are required until the costs for which reimbursement is requested are supported by at least three proposals or bids. The Fund may waive the three-bid or -proposal requirement if the Division finds that the requirement is unnecessary, unreasonable, 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 lowest 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 professional engineers within the meaning of Business and Professions Code, division 3, chapter 7 or professional geologists within the meaning of Business 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. s 2812.2. Eligible and Ineligible Costs. (a) The Board may only reimburse from the Fund reasonable and necessary corrective action, regulatory technical assistance, and third party compensation costs that are incurred by or on behalf of a claimant. (b) In 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 eligible costs. (e) The following are ineligible corrective action and regulatory technical assistance costs: (1) attorney fees or other legal costs, except those to provide regulatory 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 action; (5) the cost of soil density tests that are not directly related to the corrective action which is the subject of the claim; (6) the cost of environmental audits or pre-purchase agreements unless performed as part of corrective action; (7) the cost of testing for non-hydrocarbon contamination that is not associated with corrective action which is the subject of the claim; (8) the cost of abandonment of wells not directly impacted by the unauthorized release and not installed or used for corrective action purposes; (9) the cost of blacktop or concrete replacement or repair not directly associated with corrective action; (10) the cost of demolition of buildings except when it can be demonstrated to the Division's satisfaction to be necessary to implement the most cost effective corrective action option; (11) the cost of repairs, remodels, or reconstruction of buildings or other improvements; (12) the cost of monitoring devices to detect hydrocarbon contamination 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 demonstrate that the purchase of equipment is more cost effective than leasing 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; (17) the costs of corrective action incurred to clean up the property beyond cleanup levels identified as necessary by the regulatory agency; (18) corrective action 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 occurrence submitted with a reimbursement request received by the Fund on or after January 1, 2000; (21) costs associated with resubmitting an application or reimbursement request to the extent the costs are incurred in response to a finding of noncompliance with the application or reimbursement requirements contained in this chapter; and (22) any other costs not directly related to corrective action, including but not limited to costs associated with filing of appeals and petitions. (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 25299.10, 25299.14, 25299.51, 25299.57 and 25299.58, Health and Safety Code. s 2812.3. Double Payment. (a) A claimant may not receive reimbursement from the Fund for corrective action, regulatory technical assistance, or third party compensation costs that have been or will be reimbursed from another source. (b) If a claimant receives compensation for corrective action, regulatory 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 payment or a reduction in the cost to acquire an interest in real property) from another source, the Division shall determine whether the claimant will receive 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 requiring the payment of compensation to the claimant. (2) the pleadings in any underlying lawsuit, demands or any other request for compensation that relates to the compensation paid to the claimant. (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 Division will not allocate the payment to costs that are unsubstantiated. (4) any other information or supporting documentation reasonably required by the Division to explain the purpose(s) of the compensation received by the claimant. (d) The Division shall not consider reimbursement of corrective action, 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 received from the Fund to the person advancing or incurring the costs; (3) the claimant remits the Fund reimbursement to the person who advanced or incurred the costs pursuant to the contract; and, (4) the claimant does not benefit, directly or indirectly, from this contractual payment agreement. (e) Notwithstanding subdivision (a), a claimant may receive reimbursement from the Fund for corrective action, regulatory technical assistance, 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 pending reimbursement 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 insurer for any costs paid by the insurer pending reimbursement of those costs by the Fund. (f) Notwithstanding subdivision (a), when a claimant obtains settlement 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 obtaining the settlement proceeds or judgment. (1)(A) The Fund's fair share shall be equal to the lesser of 1. or 2. below: 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 calculated as the benefit to the Fund) divided by the total settlement or judgment amount, as shown below. benefit to the fund (actual legal fees and costs) X ___________________________________ total settlement or judgment amount 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 determined 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 settlement 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. s 2812.4. Intentional or Reckless Acts; Ineligiblity 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. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.61, Health and Safety Code. s 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 responsibility 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 subdivision (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 eligible 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 occurrence. 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 chapter is available only to the extent that reimbursement for the earlier corrective action does not exceed the amount of reimbursement authorized by this section. (e) No claimant may receive reimbursement from the Fund in any fiscal 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, subdivision (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. s 2812.6. Verification of Claims. Claimants shall verify under penalty of perjury that 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 include all statements and documents submitted during the active life of the claim. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.55(a), Health and Safety Code. s 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. s 2812.8. 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. s 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 conduct 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 retain their previous ranking within their respective priority class on any revised priority list. New claims added to any priority class on any revised 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. s 2813.1. Effect of Placement on Priority List. (a) Placement of a claim on the priority list does not constitute a commitment to reimburse eligible costs claimed. Such a commitment will be deemed to occur only when a letter of commitment is issued that specifically commits funds to a claim. (b) Claims on the priority list will generally be processed and paid according 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 pursuant to section 2810.1, 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. s 2813.2. Management of Priority Lists. To assure equitable, effective, and timely use and expenditure of available 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 inappropriately 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 further 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. s 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 requirements 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 residential tank; or (2) the claimant fails to provide necessary documentation or information, or refuses to provide access to the site that is the subject of the claim 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 Removal from the priority list prior to such removal. The notice shall inform the claimant that the Division staff proposes to remove the claim and shall state the grounds for the Division staff's 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 from the priority 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 subdivision (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 subdivision shall be treated as a new claim, and if the Division determines that the claimant has corrected the condition that was the basis for removal, the claim's priority ranking shall be based on the date when the Division makes its determination. A claim may not be resubmitted to the Fund if the information presented about the claim contains a material 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 suspend a claim for the reasons described in subdivision (a) of this 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 claim. 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 reinstatement. (2) The Division may suspend a claim that has received a letter of commitment 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 claimant'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 material 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 to 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. s 2813.4. Removal from the Priority List. Note: 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, 25299. 57(a), (d)(2)-(3), 25299.58(b)(3)-(4) and 25299.77, Health and Safety Code. s 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 review 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 erroneous, inappropriate or improper. This section shall be entitled "Statement 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: Section 25299.77, Health and Safety Code. Reference: Sections 25299.54(a) and 25299.55, Health and Safety Code. s 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 pursuant to this section, as an alternative to requesting review by the Fund Manager. A claimant who chooses to request review by the Fund Manager must receive a Fund Manager Decision before appealing to the Division Chief. (b) An appeal to the Division Chief must be accompanied by all material 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 damaged 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 Decision 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 Chief's 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. s 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 Decision 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 establish, and an explanation of the reasons why the claimant could not previously 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. s 2814.3. Defective Petitions. Upon the Board's receipt of a petition which does not comply with section 2814.2 of this chapter, the Board, through its Chief Counsel, will advise the petitioner of the manner in which the petition is defective and allow 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. s 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 review; (3) set aside or modify the final decision that the Board has been requested 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 hearing, or provide for an informal meeting between the petitioner, the Division 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, unless all parties agree in writing to an extension of time. If the Board initiates 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. s 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 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 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 previously submit the factual material. If the Board in its discretion approves the request, 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 notification to all other interested persons that they will be allowed an additional 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 notification to other interested 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 meeting, the Board may invite comments on the matter from interested persons. 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 argument 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 argument to be considered by the Board. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.56, Health and Safety Code. s 2814.6. Filing of Petition. (a) Any underground storage tank or residential tank owner or operator 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 responsible 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 be 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 agency will act, the inaction of the regulatory agency will be deemed to constitute a denial of the request. (c) Petitions to the Board requesting review of an underground 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 the regulatory agency overseeing corrective action at the site or a copy of the petitioner's request to the regulatory agency for closure accompanied by a statement 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 purpose of presenting factual material not presented to the regulatory agency or for oral argument 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 previously submit the new material to the regulatory agency. The petitioner must include with the petition a copy of any new documentary material that the petitioner wishes to present to the Board. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, 25299.39.2, Health and Safety Code. s 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 record relative to the case and any agency response to the petition must be received by the Board within 20 days of the date of the letter of notification. 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 received by the Board within 10 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 response 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 response 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 regulatory 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 hearing; or the Board may provide for an informal meeting between the petitioner, 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. s 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 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 previously submit the factual material. If the Board in its discretion approves the request, 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 notification to all other interested persons that they will be allowed an additional 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 notification to other interested 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 meeting, the Board may invite comments on the matter from interested persons. 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 argument 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 argument 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. s 2814.20. Definitions. Unless the context clearly requires otherwise, the terms used in this article 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 trustee 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 removed, closed or permitted the underground storage tank within a reasonable 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 of the underground storage tank, and the unauthorized release began before the applicant 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 requirements: (a) Petroleum contamination is the principal source of contamination at the site. (b) The source of the petroleum contamination is, or was, an underground 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 Priorities List pursuant to section 105(a)(8)(B) of the Comprehensive Environmental 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 improvement 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 facility 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 Corporation 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 Government Code or a loan guarantee provided pursuant to Section 14090 of the Corporations Code. "Familial relationship" means relationships between family members, including, and limited to, a husband, wife, child, stepchild, parent, grandparent, 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 contractor that meets the following requirements: (a) The consultant or contractor is not an employee of, general or limited 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 income 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 previously 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 or continued at a site following completion of a response action that are deemed necessary by a regulatory agency to protect public health or safety or the environment, to maintain the effectiveness of the response action at the site, or to achieve or maintain the response action standards and objectives established by the final remedial action plan or final removal action workplan applicable to the site. "OSCA" means the Orphan Site Cleanup Subaccount created 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 concentrations of designated constituents of concern to specified concentrations. "Person" means an individual, trust, firm, joint stock company, corporation, or other entity, including a government corporation, partnership, limited liability company, or association. The term includes a public agency. "Project" means any response action and the planned future development of the eligible site. "Public agency" means any county, city and county, city, regional agency, public district, or other political subdivision and includes a redevelopment agency. The term does not include the state or any agency or department thereof, or the federal government. "Remediation milestone" means that a specified reduction in the concentrations 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 to, 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 Liability 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 unauthorized release or a threatened unauthorized release and site operation and maintenance. "Remove" or "Removal" means the cleanup or removal of an unauthorized release from the environment or the taking of other actions as may be necessary to prevent, minimize, or mitigate damage that may otherwise result from an unauthorized release or a threatened unauthorized release, as further defined by section 101(23) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). "Response Actions" means removal actions and remedial actions, 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 directly related to removal actions and remedial actions. (2) Costs of supervision by an applicant of response actions. (3) Costs of underground storage tank system removal if there is an unauthorized 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 damages 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 independently owned and operated business, that is not dominant in its field of operation, that, together with its affiliates as described in Title 2 of the California Code of Regulations, Chapter 3, section 1896.12, has 100 or fewer employees, and that has average annual gross receipts of ten 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 accessible at the following website maintained by the California Department 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 contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons 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). s 2814.21. Other Definitions. Unless the context clearly requires otherwise, any term used in this article that is not defined in section 2814.20 has the same meaning as defined in section 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. s 2814.22. 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 characterize, assess, and investigate an unauthorized release from an underground storage tank. These actions include, but are not limited to, a preliminary site assessment and soil and water investigation and the preparation of a corrective action plan in accordance with California Code of Regulations, title 23, chapter 16, article 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 activities and include, but are not limited to, implementing a corrective action plan and verification monitoring, in accordance with California Code of Regulations, title 23, chapter 16, article 11. If a corrective 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 response actions at the eligible site, but the applicant may apply for a cleanup 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. s 2814.23. Eligible Applicants. A person may apply to the OSCA for a grant to pay for costs of response actions that relate to an unauthorized release from an underground 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 release from the underground storage tank. (b) The applicant and any person who caused or contributed to the unauthorized release from the underground storage tank are not affiliates. (c) The applicant does not satisfy the eligibility criteria contained in sections 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 actions at the eligible site. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code. s 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 release 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 responsible 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 actions to remediate the harm caused by the unauthorized release. If the applicant does not provide a reasonable cost estimate, the Board shall consider the cost of response actions at sites involving a similar unauthorized release from an underground 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 underground storage tank. (4) Other financial assistance available to the responsible party for response actions 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 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 required 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, then all responsible parties identified for the unauthorized release that is the subject of the application shall be considered for purposes of subdivision (a). (c) If an application is submitted by joint applicants that are also responsible parties, the Board shall require the joint application to designate a primary applicant. The Board shall consider the financial ability of all joint applicants who are also responsible parties, other than the primary 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 surrounding the application. (d) The applicant shall make reasonable efforts to obtain the information 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 s 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 underground 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 actions at the eligible site directs or approves response actions. (B) Response actions are required as part of the site development process. (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 Water 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 activities 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 impossible under the circumstances pertaining to a particular application. (b) In addition to the conditions contained in subdivision (a), the following 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 investigation 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 eligible 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 determining 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 equitable 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 s 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 compensation for costs of response actions from another source, the Board shall apply 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. s 2814.27. Priority Ranking. (a) Except as provided in subdivision (b), the priority of applications 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 applications were randomly ranked to determine the order of priority. Applications that are received after June 12, 2006, will be ranked according to the date they are received. Applications received on the same day will be randomly 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 developed by the Board that measure the following factors: (1) Forty (40) percent of the priority score is based on whether the unauthorized 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. (c) The priority of applications that receive the same total priority score pursuant to subdivision (b) shall be based upon the date the application to the OSCA is received by the Board. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code. s 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 correspondence address, telephone number or numbers where the applicant can be contacted during normal business hours, and a federal tax identification number or social security number; (b) If a joint application is submitted by multiple applicants, the name, correspondence address, telephone number or numbers, tax identification 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 regulatory 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, including: (1) Information that demonstrates that the petroleum contamination is the principal source of contamination at the site and that the source of petroleum 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 facility 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 provided 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 applicant, including: (1) The identity of current and former owners and operators of the underground 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 eligible site and perform response actions at the eligible site. (l) 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 description of the activities undertaken by the applicant to identify 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, information relating to the responsible party's ability to pay for response actions, including the responsible party's income, assets, insurance coverage and other financial assistance that is available to pay for response actions. (4) For applications submitted by joint applicants that are responsible parties, a statement designating a primary applicant for purposes of section 2814.24, subdivision (c). (m) Information that will assist the Board in determining the priority ranking of an application, including: (1) The identification 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 explanation 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 development. (n) A certification that all costs of response actions claimed were incurred for work performed on or after January 1, 2005; (o) A certification that the site is an eligible site, the applicant is an eligible applicant and that all applicable eligibility requirements are met; (p) A copy of any agreement entered into by the applicant where a person agrees to incur costs on behalf of the applicant. (q) Any other information or supporting documentation reasonably required by the Board to determine the eligibility or priority of the application 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. s 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 eligible. 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 eligible 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 applications from the previous priority list for which a grant agreement exists 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 applications 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. s 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 actions 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 information 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 submit 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 submit 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 action 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 response 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 performing 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 accordance 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 eligible for payment; and (4) Any other information reasonably required by the Board to demonstrate 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. s 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 contractors. (b) Applicants shall comply with the bidding process established in section 25299.65 of the Health and Safety Code for response actions performed 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 proposals 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 professional geologists within the meaning of Business and Professions Code, division 3, chapter 12.5 (commencing with section 7800) or by professional engineers within the meaning of 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 Code of Regulations, title 23, division 3, chapter 16, article 11. (d) 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). (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 multiple proposals 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 impossible to comply with under the circumstances pertaining to a particular application. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code. s 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. However, 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 applications; 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. s 2814.33. Removal from the Priority List and Resubmission of Applications. (a) An application that has been placed on the priority list may be removed if: (1) The applicant is not in compliance with any of the applicable requirements of this article, the California Code of Regulations, title 23, division 3, chapter 16, Health and Safety Code, division 20, chapter 6.7, or any provision of the Water Code under which the applicant is required to take response actions for an unauthorized release from an underground storage tank; (2) The applicant fails to provide necessary documentation or information, or refuses to provide access to the eligible site that is the subject 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 applicant 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 applicant has corrected the condition that was the basis for removal, the application'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 material error that was a result of misrepresentation or 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. s 2814.34. Verification of Applications. Applicants shall verify under penalty of perjury that all statements, documents and certifications contained in or accompanying an application are true and correct to the best of the applicant's knowledge. This shall include all statements and documents submitted during the active life 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 information to the Board within twenty (20) days of discovering the new information. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code. s 2814.35. Intentional or Reckless Acts; Disqualification of Applications. (a) Notwithstanding any other provision of this article, response costs that result from the gross negligence or the intentional or reckless acts of the applicant or an agent, servant, employee or representative of the applicant, are not eligible for funding from the OSCA. (b) The Board may disqualify an application and may bar the application 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. s 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 repay to the Board the amount of funds paid to the applicant. (b) Any payment made 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 twenty (20) days after a written request for repayment by the Board. (c) Money repaid to the Board pursuant to this section shall be deposited in the OSCA established by Health and Safety Code section 25299.50.2. Note: Authority: Section 25299.77, Health and Safety Code Reference: Section 25299.50.2, Health and Safety Code s 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 misconduct. Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code. Note: Authority cited: Section 1058, Water Code. Reference: Section 39615, Health and Safety Code. s 2815. Authority and Purpose. The standards contained herein are prescribed by the State Board pursuant to Chapter 6 (commencing with Section 775) of Division 3 of the Harbors and Navigation Code. The purpose of these standards is to establish criteria for the design, construction, operation, and maintenance of pumpout facilities for the removal of sewage from vessel sewage retention 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. s 2816. Definitions. The following definitions shall apply to this subchapter. (a) "Pumpout facility" means any facility or other means used to transfer sewage from a vessel sewage retention device aboard a vessel to storage 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. s 2817. Application of Regulations. s 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. s 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: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code. s 2821. Pump Design Requirements. Pumps provided at the pumpout facility for the transfer of waste from vessel to the pumpout facility and from the pumpout facility to the disposal 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 anticipated 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: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code s 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. (d) Be designed and constructed to prevent overflow or spillage. (e) Be designed and installed to protect against a 1-in-100 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. Note: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code. s 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 encountered 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 constructed and installed as to ensure a water-tight seal. All pumpout systems 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 require 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. s 2824. Pumpout Facility Water Supply Required. The pumpout facility shall be designed and constructed such that a water supply is available at appropriate locations for flushing and cleaning of vessel holding tanks and storage tanks. The water supply shall be protected against back-siphonage of waste into the water system by a backflow 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 Administrative Code. Note: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code. s 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 maintenance instructions shall be available for inspection at the pumpout facility and if found to be deficient by the staff of the Regional Board, the instructions 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 system 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. s 2828. Prevention of Leakage and Spillage. All pumpout facilities shall be operated and maintained in such a manner that there shall be no leakage or spillage of sewage. Note: Authority cited: Sections 777 and 778, Harbors and Navigation Code. Reference: Section 777, Harbors and Navigation Code. s 2829. Inspection and Maintenance Requirements. The entire pumpout system shall be inspected by the operator at regular intervals not exceeding six months and any worn components replaced. The Regional Board staff shall inspect the facility at regular intervals 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. s 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 determining which marine terminals shall be required to install and operate pumpout facilities. Note: Authority cited: Sections 776 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code. s 2832. Definitions. s 2833. Regional Board Request. Each Regional Board, upon determining a need for additional pumpout 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. Reference: Section 776, Harbors and Navigation Code. s 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 Regional Board. Each request shall be based upon the guidelines contained in Section 2834.1 and shall include the following as well as any other information 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 recommended 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 Pumpout Facility Need. Note: Authority cited: Sections 775, 776, 777, 777.5 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code. s 2833.2. Notice of Pumpout Facility Need. Prior to requesting the State Board to require a marine terminal to install 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 terminal owner in the proposed area of pumpout facility need. The Regional Board shall publish the notice at least once in a newspaper of general circulation in the proposed area of pumpout facility need. Proof of publication of the notice shall be submitted to the State Board. The notice shall provide a 30-day comment period in which interested persons may comment upon the notice. The notice shall contain: (a) A designation of the area considered by the Regional Board. (b) The reason pumpout facilities are believed to be necessary for the protection of water quality in that area. (c) The names, locations, and addresses (if available) of marine terminals which may be required to install or operate pumpout facilities. Note: Authority cited: Sections 775, 775.5, 776, 777 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code. s 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 requesting the State Board to require a marine terminal to install pumpout facilities. The Regional Board shall transmit any comments received together 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. s 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 183 and 13000, Water Code. s 2834. Further Procedures. The State Board may require marine terminals to install and operate vessel waste pumpout facilities after consideration of the request of the Regional Board, the record of any Regional Board or State Board 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 Navigation Code. Reference: Section 776, Harbors and Navigation Code. s 2834.1. Guidelines for Marine Terminal Selection. (a) Upon a determination that an area needs additional pumpout facilities, 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 hearing 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 minimum, consider at least the following factors in determining which 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 be using the pumpout facility. (5) The expense of installing a pumpout facility 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. s 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 pumpout facility, an appropriate time schedule shall be included in the order. Note: Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code. s 2836. Design, Construction, Operation, and Maintenance. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 13, Division 7, Water Code. s 2900. Nondegradation: Statement of Policy with Respect to Maintaining High Quality of Waters in California s 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 investigation related to a discharge or threat of a discharge subject to WC s 13304. 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 cleaning up the discharges and abating the effects thereof. The Regional Water 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 investigative 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 determining 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. s 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 s 2510 et seq., "Chapter 15," and which were moved, in 1997, with slight changes, to 27 CCR s 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 s 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 lined 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 water quality monitoring program that, as of October 9, 1994, will comply with the Policy. For landfills further than one mile from a source of drinking 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 s 258.4, entitled "Research, Development, and Demonstration Permits for Municipal Solid Waste Landfills"), which became effective March 22, 2004. Section 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 technology. A Regional Water Board may only grant a section 258.4 variance if it finds that granting such a variance will pose no additional threat to water quality at that landfill and that the landfill is, otherwise, in full compliance with the federal MSW regulations. s 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 cleanup projects. The exception may be granted by the San Francisco Bay Regional Water Quality Control Board when 1) the discharge will comply with all applicable State and Regional Board plans, policies and regulations, 2) reclamation or reuse is not practicable, 3) there is no other feasible location for discharge, and 4) the need to dispose of treated ground water outweighs the need to prohibit the discharge south of the Dumbarton Bridge. s 2910. 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 noncompliance, 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 Quality Control 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: w Provisions for more efficient use of standardized permit and enforcement order language. w An overview of water quality enforcement options. w A process for identifying enforcement priorities and to assist in choosing the appropriate enforcement response. w Information to assist in integrated enforcement efforts with other agencies. w Procedures for response to fraudulent reporting or knowingly withholding data. w Specific guidance regarding assessment of administrative civil liability, use of supplemental environmental projects and compliance projects, 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: Sections 13140 and 13399, Water Code. s 2911. Summary of Containment Zone Amendment of Resolution No. 92-49: Policies and Procedures for Investigation and Cleanup and Abatement 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 objectives are not exceeded outside the zone. The discharger is required to monitor to verify on-going containment, and to mitigate significant environmental impacts. The policy provides: * Guidance for discharger application; * Procedures for RWQCB designation; * Conditions for designation; and * Administrative procedures for tracking sites, recommending improved 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. s 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 Cleanup Plans (Policy). The Policy is intended to be used by the Regional Water 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 developing the cleanup plans. The Policy also lists several issues to be considered in the development of the statewide consolidated toxic hot spot cleanup plan. s 2913. Concise Summary of the Consolidated Toxic Hot Spots Cleanup Plan. Resolution 99-065, adopted June 17, 1999, by the State Water Resources Control Board, created the Consolidated Toxic Hot Spots Cleanup Plan (Plan). As required by Water Code Sections 13392 and 13394, the Plan requires the Regional Water Quality Control Boards to implement 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 provisions of Chapter 5.6 of the Water Code. The Plan was adopted as Policy for Water Quality Control. The Plan contains the following elements: • 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 remediation; • 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. s 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. 2000-015, creating the Policy for Implementation 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 pollutants 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 discharges. The Policy establishes: (1) implementation provisions for priority pollutant criteria promulgated by the U.S. Environmental Protection Agency (U.S. EPA) through the National Toxics Rule (NTR) (40 C.F.R. s 131.36) and through the California Toxics Rule (CTR) (40 C.F.R. s 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 management approach, procedures for initiating site-specific objective development, 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 Priority 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 necessary data; requires that criteria/objectives, and pollutant and flow data, are properly adjusted, applied, and expressed for the purposes of establishing 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 effluent 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., discharge prohibition) are required if necessary to protect beneficial uses or are otherwise required by law; establishes method for calculating effluent limitations where pollutants are so diluted by cooling water as to make monitoring impractical. (5) Establishes procedures for applying translators to metals and selenium criteria/objectives; requires that the U.S. EPA conversion factor (listed in Appendix 3 of the Policy) be used as translators unless the discharger completes a site-specific translator study and proposes a site-specific translator within two years of permit issuance or reissuance; establishes general procedures for conducting the study and specifies interim permit requirements. (6) Authorizes RWQCBs to consider granting mixing zones and dilution credits to be used in calculating water quality-based effluent limitations; establishes procedures for deriving a dilution credit; establishes conditions to be met in allowing a mixing zone and factors to be considered in determining whether to deny or significantly limit a mixing zone and dilution credit. (7) Establishes procedures for determining the ambient background concentration of a priority pollutant for use in determining whether a water 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 calculating 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 pollutants may be considered in calculating a water quality-based effluent limitation for a priority pollutant. (b) Determining Compliance With Priority Pollutant Criteria/Objectives and Water Quality-Based Effluent Limitations for Priority Pollutant 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 15 years to develop and adopt a TMDL, and accompanying Waste Load Allocations and Load Allocations, for CTR priority pollutants; establishes 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 compliance schedule, including a requirement for numeric interim limitations if the compliance schedule exceeds one year; establishes provisions for interim requirements under a schedule to submit data sufficient to establish water quality-based effluent limitations. (3) Establishes a requirement for dischargers to conduct self-monitoring programs and a requirement for RWQCBs to specify monitoring requirements 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 reporting protocols, including a requirement to conduct a Pollutant Minimization 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 pollutants. (2) Establishes provisions for granting categorical exceptions to meeting 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 requirements; 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 protection of enclosed 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 conditions", "arithmetic mean", "average monthly effluent limitation", "best management 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 chemical concentration", "estuaries", "existing discharger", "four-day average 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", "minimum level", "mixing zone", "mutagenic", "new discharger", "objectionable bottom deposits", "ocean waters", "persistent", "pollutant minimization", "pollution prevention", "process optimization", "public entity", "source of drinking water", "standard deviation", "teratogenic", "toxicity reduction evaluation", "use attainability analysis", "1Q10", "7Q10", and "90th percentile of observed data". s 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 Standards 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 discharger-specific 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 (USEPA) guidance or other scientifically defensible protocols, but the approvals of WERs by the State Water Resources Control Board (State Water Board) 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 public review process of the NPDES permit containing the proposed Site-Specific Objective and associated effluent limit. (2) Modify the language ofStep 6of reasonable potential analysis: The language of the SIP has been amended to allow the reasonable potentialStep 6trigger to apply only to situations where ambient background concentrations are greater than the water quality criterion or objective, and the pollutant is detected in the effluent. Language would also be added to require monitoring in situations where ambient background 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 clarity 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. Note: Authority cited: Section 13140, Water Code. Reference: Sections 13142 and 13143, Water Code. s 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 discharge requirements (WDRs), waivers of WDRs, or basin plan prohibitions. 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 dischargers 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 quality are required, at a minimum, to meet the requirements of the following key elements, thus providing consistent program requirements throughout the state. 1. A NPS control implementation program's purpose must be explicitly stated, and must be designed to achieve and maintain water quality objectives and beneficial uses, including any applicable antidegradation requirements. 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 program 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 potential consequences for failure to achieve a program's stated purposes and make clear that any enforcement action that needs to be taken will be taken against individual dischargers, not the third parties. Investigation, identification, and enforcement of NPS discharger noncompliance with State water quality control laws, regulations, policies and plans shall be consistent with the requirements of the State Water Resources Control Board Water Quality Enforcement Policy(Title 23, California Code of Regulations section 2910). s 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 theWater Quality 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 objective of the Policy is to establish a standardized approach for developing 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 (TMDLs) will be developed as needed for the waters identified under the provisions of the Policy. The Policy outlines a weight of evidence approach that provides the decision rules for different kinds of data; an approach for analyzing data statistically; and requirements for data quality, data quantity, and administration 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; nutrients; water 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 quality standards are not attained 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. The 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 information, 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, binomial model statistical evaluation, evaluation of bioassessment data, and evaluation of temperature data. s 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 apply when determining how to address impaired waters. Irrespective of whether Clean Water Act section 303(d) requires a Total Maximum Daily Load (TMDL), the process for addressing waters that do not meet applicable 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 whereby the Regional Water Boards can formally recognize regulatory or nonregulatory actions of other entities as appropriate implementation programs when the Regional Water Boards determine those actions will result in attainment of standards. s 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. s 3000. Inland Surface Waters, Amendments. Note: Authority cited: Sections 1058 and 13170, Water Code. Reference: Sections 13160, 13170, 13241, 13242, 13370 and 13372, Water Code. s 3001. Enclosed Bays and Estuaries. Amendments. Note: Authority cited: Sections 1058, 13170 and 13391, Water Code. Reference: Sections 13160, 13170, 13241, 13242, 13370, 13372 and 13391, Water Code. s 3002. Summary of revised Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. On May 22, 1995, the State Water Resources Control Board (SWRCB) adopted Resolution No. 95-24, entitled Adoption of the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta Plan). The Bay-Delta Plan supersedes the Water Quality Control Plan for Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta adopted May 1991 (1991 Plan) and the Water Quality Control Plan for the Sacramento-San Joaquin Delta and Suisun Marsh adopted August 1978 (1978 Plan). (a) Beneficial uses established in the 1978 Plan and the 1991 Plan are retained in the Bay-Delta Plan. Definitions are revised for "Municipal and Domestic Supply," "Industrial Process Supply," "Ground Water Recharge," "Navigation," "Non-Contact Water Recreation," "Shellfish Harvesting," "Commercial and Sport Fishing," "Warm Freshwater Habitat," "Cold Freshwater Habitat," "Migration of Aquatic Organisms," "Estuarine Habitat," "Wildlife Habitat," and "Rare, Threatened, or Endangered Species." (b) Water Quality Objectives: (1) Objectives for municipal and industrial beneficial uses and for agricultural beneficial uses are unchanged from the 1991 Plan, except the compliance date of the agricultural salinity objectives for the southern Delta stations on the Old River is extended from January 1, 1996, to December 31, 1997; (2) Objectives for Fish and Wildlife beneficial uses: (A) Dissolved oxygen in the San Joaquin River between Turner Cut & Stockton unchanged from the 1991 Plan, except a provision added for a compliance schedule; (B) Salmon protection: narrative objective added to double the natural production of chinook salmon; (C) San Joaquin River Salinity: objectives added for April-May; (D) Eastern Suisun Marsh Salinity: unchanged from the 1978 Plan; (E) Western Suisun Marsh Salinity: 1978 Plan objectives amended to include the Suisun Preservation Agreement (SMSA) deficiency standards for dry periods; (F) Brackish Tidal Marshes for Suisun Bay: narrative objective added to maintain water quality conditions sufficient to support a brackish marsh; (G) Delta Outflow: objectives added with greatest outflow during late winter and spring for various water year types; (H) River Flows: Sacramento River fall and winter flow objectives added for various water year types; San Joaquin River spring and fall flow objectives added for various water year types; (I) Export Limits: objectives added to reduce entrainment of fish with maximum limitation during spring; (J) Delta Cross Channel Gates Closure: objectives added for winter and spring to reduce diversion of aquatic resources into the central Delta. (c) Implementation Measures: (1) SWRCB will initiate a water rights proceeding to address water-supply related objectives including Delta outflow, river flows, export limits, the Delta Cross Channel gates, salinity control, and will consider requiring implementation of measures and programs to reduce fish mortality at the State Water Project and Central Valley Project export facilities. (2) SWRCB will consider habitat requirements where needed to meet water quality standards when approving Clean Water Act Section 401 certifications in appropriate cases, particularly with regard to construction or operation of hydroelectric projects. (3) Implementation of the southern Delta agricultural salinity objectives will be accomplished through the release of adequate flows to the San Joaquin River and control of saline agricultural drainage to the San Joaquin river and its tributaries. s 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 California 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 the Ocean Plan easier 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. s 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 Resolution 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. The 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 12 compounds. The revised water quality objectives are calculated using Cal/EPA-recommended cancer potency factors and a California-specific 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 Format 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 13050(j) 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 incorporated into the Ocean Plan. The adopted procedures are added as Appendix 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: Administrative 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 radioactivity, 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 II. 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. s 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 Standards.Add an enterococcus geometric mean and single sample maximum (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 coliform 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, except under appropriate circumstances. 2. Reasonable potential: Determining when Ocean Plan Water Quality-based Effluent Limitations are Required.Removed existing language that allows dischargers to certify that Table B pollutants are not present in their effluent in lieuof monitoring, and added general "reasonable potential" 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 Review.Changed the names of specific ASBS and incorporated the classification 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. s 3410. Scope of Regulations. Note: Authority cited: Section 79117, Water Code. Reference: Section 79117, Water Code. s 3410.1. Definitions. Note: Authority cited: Section 79117, Water Code. Reference: Sections 79111, 79114 and 79117, Water Code. s 3410.2. Applications. Note: Authority cited: Section 79117, Water Code. Reference: Sections 79114, 79114.3 and 79117, Water Code. s 3410.3. Evaluation Criteria. Note: Authority cited: Section 79117, Water Code. Reference: Sections 79114 and 79117, Water Code. s 3410.4. Selection Process. Note: Authority cited: Water Code: Section 79117. Reference: Section 79117, Water Code. s 3410.5. Project Implementation. Note: Authority cited: Section 79117, Water Code. References: Sections 79114 and 79117, Water Code. s 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, including 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 accordance 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 accordance with this article. "Petroleum" has the same meaning as defined in section 2804 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 improvements 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 pursuant to the Act. The RUST program provides grants for specified improvements to petroleum underground storage tanks and provides loans for replacing, removing, upgrading, or performing corrective action related to petroleum underground storage tanks. "Small business" means a business which complies with all of the following: (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 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, and (B) The business employs fewer than 20 full-time and part-time employees. (2) For loans, the business meets one of the following: (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 operation. "Tank" means an "underground storage tank" as defined in section 2804 of title 23 of the California Code of Regulations. "Tank" also includes under-dispenser containment systems, spill containment systems, enhanced monitoring and control systems, and vapor recovery systems and dispensers connected to the underground piping and the underground storage tank. "Underground storage tank" has the same meaning as defined in section 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. s 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 corrective 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. s 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 Hazardous 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 unwilling to finance the project on terms and conditions substantially similar to those available with a loan; (3) The applicant has complied with, will comply with, or is exempt from, the financial responsibility requirements specified in section 25299.31 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: Sections 25299.101, 25299.102 and 25299.105, Health and Safety Code. s 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 pertaining 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 performed 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 satisfaction of conditions precedent to disbursement. The stages, and conditions precedent to disbursement for each stage, are as follows: (1) If the borrower is removing the project tank, disbursement is conditioned on: (A) An executed contract for removal by a licensed contractor 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. (2) If the borrower is upgrading the project tank, disbursement is conditioned on: (A) An executed contract for upgrading the tank by a licensed contractor 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 installation 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 corrective action, disbursement is conditioned 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. s 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 applicant's type of business and the date the applicant's business was established, the federal employer identification number, and the number of full- and part-time workers employed by the business. For any application where a business or individual proposes to guarantee the loan repayment, 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 explanation why a tank which the applicant owns or operates is exempt from the permit requirements of section 25284 of the Health and Safety Code. Evidence 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 requested, 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 compliance 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 project, the project tank will comply with federal, state and local standards; (4) Project components and cost estimates, including the name and applicable 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 necessary 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, including 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 applicant'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 applicant shall certify that it is exempt from financial responsibility requirements because the only tanks owned or operated by applicant will be removed 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 (l) Any other information or supporting documentation reasonably required 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. s 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 number, street address, city, state, zip code, county, federal employer identification number or social security number of the primary 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 applicants written notification of the following information: "If a federal employer 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 1974 (Public Law 93-579), you are hereby notified that it is mandatory to provide your social security number. Failure to provide the requested information will result in denial of the grant application. The social security 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 records 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 sections 25284.1, 25292.4, or 25292.5, and a timetable for the completion of the project; (e) An estimate of the cost of the project, including the name and applicable experience of the individual or firm preparing the estimate, supporting 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 located sold less than 900,000 gallons of gasoline at retail annually for each of the two years preceding the submission of this application; (h) A list of all tanks located in California and owned or operated 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: (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); (l) Sales and Use Tax Return Form (BOE-401-GS, rev 60, 4-02) including Schedule G, Fuel Seller's Supplement, submitted by the applicant 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. Note: Authority: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.105, 25299.106 and 25299.107, Health and Safety Code. s 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 requirements 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 adversely affect, the decision to make the loan, (5) Collateral and the source of repayment are sufficient for the proposed 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 specific actions, if any, the applicant must take to obtain further Board evaluation 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 section 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. Note: Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102, 25299.103 and 25299.104, Health and Safety Code. s 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. 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. s 3428. Misrepresentation; 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 deposited in the Petroleum Underground Storage Tank Financing Account established by Health and Safety Code section 25299.109. Note: Authority cited: Section 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. s 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 (commencing with Section 13985), Division 7, Water Code. s 3611. 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 3615. Definitions. (In Alphabetical Order) 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 3619. Development of Statewide Project 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 (commencing with Section 13985), Division 7, Water Code. s 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 Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 3621. Priority Classes. 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 (commencing with Section 13985), Division 7, Water Code. s 3622. Project Ranking. 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 3624. Management 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 (commencing with Section 13985), Division 7, Water Code. s 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), Chapter 13 (commencing with Section 13970) and Chapter 14 commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 3630. Step 1: Facilities Planning. Note: Authority cited: Sections 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. s 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 3636. Capacity Funding Limitations. Note: Authority cited: Sections 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. s 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 3642. State Grant Contract. 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 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 13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 3647. Grantee Responsibility. 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 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 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 Section 13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13985), Division 7, Water Code. s 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 Section 13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 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 Section 13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 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 (commencing with Section 13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 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 Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 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 13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (commencing with Section 13985), Division 7, Water Code. s 3659. Waivers. 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 (commencing with Section 13985), Division 7, Water Code. s 3663. Funding. Note: Authority cited: Sections 1058, 13962(g), Water Code. Reference: Chapter 12.5 (commencing with Section 13955), Division 7, Water Code. s 3670. Purpose. The primary purpose of the Wastewater Treatment Plant Classification, Operator Certification, and Contract Operator Registration Program is to protect public health and the environment by providing for the effective operation of wastewater and water recycling treatment plants through the certification of wastewater treatment plant operators. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 9 (commencing with Section 13625), Division 7, Water Code. s 3670.1. Certification Requirements for Operation of Wastewater Treatment Plants. No person shall operate a wastewater treatment plant within the meaning of these regulations 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 operated. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 9 and Section 13625, Water Code. s 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 recycling 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 operated. (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. (c) The State Board may refuse to approve use of a certificate issued by 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. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 9 and Section 13625, Water Code. s 3671. Definitions. The following definitions shall apply to this chapter: (a) "Activated sludge treatment" means a wastewater treatment process in which predominantly biodegradeable pollutants in wastewater are adsorbed and/or absorbed by a suspended mass of living aerobic organisms 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 government created by or pursuant to state law which owns or operates a wastewater treatment plant. "Agency" also includes any privately-owned organization 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 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 examination, certification, renewal, or reinstatement as a wastewater treatment plant operator or operator-in-training. (e) "Basic science courses" means college-level courses in the combined fields of mathematics, 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 organisms and which are attached to stationary support media as the wastewater 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 promissory 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 duties 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. (l) "Extended aeration treatment" means a modification of the activated sludge treatment process which utilizes long aeration periods to promote aerobic digestion of the biomass. (m) "Maintenance" means those activities which will be credited toward operator experience under the certification program. Those activities are 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 Operator Certification" means that unit of the division which administers the Wastewater Treatment Plant Classification and Operator Certification Program. (o) "Operates" means the performance of day-to-day activities primarily consisting of the control of any process which may affect the quality of the discharge of a wastewater treatment plant. "Operates" may include performance of day-to-day maintenance work so long as the primary function 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. (p) "Operator" means any person operating a wastewater treatment plant and who occupies a position and performs duties for which the Office of Operator Certification requires an operator certificate. (q) "Operator-in-training" means any person who operates a wastewater treatment plant under the direct supervision of a certified operator while gaining experience to qualify for an operator certificate. (r) "Pond treatment" means processing in a pond in which biological oxidation of organic matter is effected by natural or artificially accelerated transfer of oxygen to the water. (s) "Preliminary treatment" means a process or processes to remove or reduce in size solids which could damage equipment or reduce effectiveness of other treatment processes. (t) "Primary treatment" means a wastewater treatment process that allows those substances in wastewater that readily settle or float to be separated from the water being treated. (u) "Secondary treatment" means treatment beyond primary treatment to remove colloidal and dissolved organic matter and further remove suspended matter, usually by biological processes such as activated sludge and biological filtration treatment. (v) "Shift supervisor" means a certified operator who oversees and directs the operation 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. (w) "Supervisor" means a certified operator who oversees and directs the operation of a wastewater treatment plant, who inspects the performance of other operators of a wastewater treatment plant, and who reports to the chief plant operator. (x) "Tertiary treatment" (advanced waste treatment) means treatment beyond secondary treatment, which may include filtration, coagulation and nutrient removal, but excluding disinfection. (y) "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 Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1, of the Public Utilities Code. (z) "Water recycling treatment plant" means a treatment plant that receives and further treats secondary and/or tertiary effluent from a wastewater treatment plant. Note: Authority cited: Section 1058, Water Code. Reference: Chapter 9 (commencing with Section 13625), Division 7, Water Code. s 3675. Classification of Wastewater and Water Recycling Treatment Plants. (a) The division shall classify all wastewater treatment plants, including water recycling treatment plants, according to the following criteria: Class Treatment Process Design Flow (in million gallons per day) 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. s 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 processes, a design flow of the plant, an organization chart, and job descriptions 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 certified operator or operator-in-training if the disciplinary 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 board files for ten years. Note: Authority cited: Sections 1058 and 13626, Water Code. Reference: Section 13626, Water Code. s 3680. Grades of Operator Certification. (a) Chief Plant Operators - For all plant classes, each chief plant operator 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 certificates. (c) Operators - Each operator shall possess at least a valid Grade I certificate 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 certificates or valid operator-in-training certificates at the Grade II or higher level. Note: Authority cited: Section 1058, Water Code. Reference: Section 13627, Water Code. s 3683. Education and Experience Requirements. (a) No person shall be issued a certificate unless that person passes a written examination specified by these regulations and meets the education and experience requirements prescribed by this article. (b) Persons may apply to take an operator certification examination 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 years 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 31 (whichever is sooner) following an examination for Grade I. (c) Eligibility for certification shall be based on the following qualifications for each grade of wastewater treatment plant operator. Educational 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 Section 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 semester units 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) Education: 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 operator. (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 semester units 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) Education: Graduation from high school or equivalent as specified in Section 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 certified as a Grade III operator. (5) Grade V: (A) Credential: A valid license as a civil or chemical engineer issued by the California Department of Consumer Affairs, Board of Registration for Professional Engineers and Land Surveyors; AND, Experience: Four years of experience performing the functions of a wastewater treatment plant operator; OR, (B) 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: Five years of experience performing the functions of a wastewater treatment plant operator; OR, (C) Education: An associate degree or completion of 60 semester units at a college or university, either of which includes 15 semester units of basic science courses; AND, Experience: Six years of experience performing the functions of a wastewater treatment plant operator; OR, (D) Education: Graduation from high school or equivalent as specified in Section 3686 and 48 educational 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 certified as a Grade IV operator. Note: Authority cited: Section 1058, Water Code. Reference: Section 13627, Water Code. s 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 possession 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: coagulation, sedimentation, aeration, filtration, oxidation, or disinfection; and, (2) at the time of their application for certification, they have had one year of full-time experience in the operation of a wastewater treatment plant. (b) Applicants, who have one year of expereince in the operation of a wastewater treatment plant may substitute 16 educational points for one year of experience. Those educational points used to substitute for experience at one grade may not be used again to substitute for experience at another grade. The substitution 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. s 3685. Educational Points. (a) Pursuant to the provisions of this article, applicants may be required to obtain educational points to qualify for certification. Educational points may be earned as follows: (1) One completed three-unit semester course which is directly related to wastewater treatment and which is part of the curriculum of an accredited college or university is equal to eight educational 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 educational points at the rate of one educational point per 10 hours of completed classroom instruction. Subjects which are directly related to wastewater treatment shall be assigned full credit for educational points. Subjects which are indirectly related shall be given one half credit. (3) One Continuing Education Unit which is directly related to wastewater treatment is equal to one educational point. (b) Applicants may not substitute experience for educational points. Note: Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13625, Water Code. s 3686. High School Equivalence. High school equivalence may be obtained by substituting six educational 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 Education in accordance with Section 48412 of the Education Code. Note: Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13627, Water Code. s 3687. Fees. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13627, Water Code. s 3688. Issuance and Renewal of Certificates. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code. s 3689. Posting of Certificate. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3690. Reciprocity with Other States. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3691. Certificate Revocation. Note: Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13627, Water Code. s 3692. Protests and Appeals. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3692.1. Limitation on Time for Appeal. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code; and Section 15378, Government Code. s 3692.2. Action by Division. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3692.3. Petition for Review by State Board. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3692.4. Defective Petitions. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3692.5. Recommendation by Chief of the Division. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 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. s 3700. Application for Examination. (a) Content - An application for examination shall contain but not be limited to the following information: (1) the applicant's full name, mailing address, work telephone number, and date of birth; (2) information regarding former employment, current operator status, other operator certificates held in California or other states, engineering 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; (4) the applicant's original signature; (5) copies of college transcripts, grade cards, or certificates of completion 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 postmarked 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, 2001 February 1, 2001 October 6, 2001 August 1, 2001 April 6, 2002 February 1, 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 supporting documents to determine eligibility for examination. Unless otherwise specified by this chapter, division evaluation of experience gained in California will be based on work performed while employed in a position which requires operator certification in California. 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 experience will be based on the actual work performed by the applicant without 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 deficient. 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. (f) 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: Sections 13627, 13628 and 13629, Water Code; and Section 15376, Government Code. s 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 examination 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 wastewater treatment plants; wastewater constituents including simple and routine 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 knowledge of those components of the Grade I examination as prescribed in (1) above; commonly used processes for preliminary, primary, and secondary treatment including disinfection, sludge handling, and digestion; routine sampling and analysis procedures for evaluation of process and overall plant performance; and basic supervision responsibilities. (3) Grade III examinations shall contain questions regarding knowledge of those components of the Grade I and II examinations as prescribed in (1) and (2) above; limitations, controls, and performance calculations for primary and secondary treatment and sludge-handling processes; basic principles of tertiary treatment processes; state regulations regarding water recycling; and public health issues. (4) Grade IV examinations shall contain questions regarding knowledge of those components of the Grade I, II, and III examinations as prescribed in (1), (2), and (3) above; limitations, controls, and performance calculations for tertiary treatment processes; wastewater treatment requirements and practices for water reclamation and reuse; supervision and management responsibilities including energy management, safety program development and control, and operator training and budget development and control. (5) Grade V examinations shall contain questions regarding knowledge of those components of the Grades I, II, III, 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 conduct 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 Article 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 exposes all or part of any examination for an unauthorized use may be denied 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. (f) Notification of results - Within 90 calendar days after an examination, 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 examination shall be instructed in the notice of examination results to remit the applicable certification fee. Within 30 calendar days of receiving the certification fee, the division shall issue the operator certificate. (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 31 following the examination (whichever date is sooner). Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Sections 13627, 13628 and 13629, Water Code; and Section 15376, Government Code. s 3702. Application for Certification. (a) If an applicant is qualified for certification at the time of the examination, and has documented such qualification in the application for examination, no application for certification is required. However, if an applicant must gain experience after the final filing date for the examination 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 number, and date of birth; (2) all employment, education, and experience information not reported 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 operator's original signature; AND, (7) the certification fee prescribed by Article 8. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code. s 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 operator-in-training certificate. (c) The issue date of a certificate shall be the date of receipt of an application 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. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code and; Section 15376, Government Code. s 3702.2. Application for Certificate Renewal. (a) Renewal dates - Except as specified in Subsection 3709(d), operator certificates are renewable every two years. Certificates issued for applications with a postmark between May 1 and October 31 shall have a renewal date of June 30. Certificates issued for applications with a postmark between November 1 and April 30 shall have a renewal date of December 31. (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 certificate holder from the responsibility of renewing a certificate on or before the expiration date. (c) Content - An application for renewal shall include, but not be limited 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 treatment 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 a certificate shall submit to the division a completed application as specified in subsection (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 application for renewal, the division shall notify the certificate holder if the application is deficient. If there is a deficiency, the division shall 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 new certificate if the application and fee are postmarked by the expiration date of the certificate. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code. s 3702.3. Issuance of Renewal Certificate. An operator certificate shall indicate the first expiration date of the certificate. 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 applicant 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 operator 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 following: (1) The certificate holder's name and address; (2) The certificate number and grade; (3) The expiration date of the certificate. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code. s 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 expired certificate 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 become certified again, he or she must meet all requirements for an initial operator certificate. (b) The application 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 applicant has operated a wastewater treatment plant while his or her certificate was expired or at a grade for which he or she was not certified 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, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code. s 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 destruction of the certificate. A replacement fee prescribed by Article 8 must be submitted with the signed statement. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code. s 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, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3704. Reciprocity with Other States. (a) The division may issue Grades I and II operator certificates by reciprocity in accordance with the procedures set forth in Article 5. No examination or examination fee will be required of persons who hold comparable certifications in other states, provided: (1) the experience and education requirements of that state are comparable to the division's requirements; (2) the applicant has passed a written examination within the preceding 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 certified 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 reciprocity 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, Water Code. s 3705. Advisory Committee. Note: Authority cited: Sections 1058 and 13631, Water Code. Reference: Chapter 9 (commencing with Section 13625), Division 7, Water Code. s 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 13627, Water Code. Reference: Section 13635, Water Code. s 3708. Application for Operator-in-Training Examination and Certification. (a) Persons may apply for examination and operator-in- training certification 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 applying 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 certification 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 operator-in-training is to be employed. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Sections 13627-13629, Water Code; and Section 15376, Government Code. s 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 expiration date of the operator- in-training certificate shall not exceed the expiration date of the applicant's examination results. (b) Operator-in-training certificates issued by the division shall contain but not be limited to the following: (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, reinstated, and replaced in accordance with the provisions of Article 5 unless other specified in this article. (d) Operator-in-training certificates at the Grade I 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 operator-in-training does not pass the Grade I examination before the expiration of the Grade I operator-in-training certificate, the Grade I operator- in-training certificate shall not be renewed. Operator-in- training certificates 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 operator 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. s 3710. Grounds for Discipline. (a) A certified operator or operator-in-training may be subject to administrative sanctions including reprimand or denial, suspension, probation, or revocation of a certificate pursuant to Section 13627 of the Water Code for performing, or allowing or causing another to perform, any of the following acts: (1) willfully or negligently violating, causing, or allowing violation 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 certified at the grade necessary for the position or whose certificate has expired; (3) submitting false or misleading information on any document provided to the division including applications for examination, certification, or renewal; (4) engaging in dishonest conduct during an examination, or violating confidentiality of examination questions; (5) using fraud or deception in the course of employment as an operator; (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 violation of appropriate waste discharge requirements as prescribed by Article 4 of 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. (b) A chief plant operator may be subject to disciplinary actions specified in subsection (a) for willfully or negligently failing to ensure that an operator-in-training is directly supervised as required by section 3707. Note: Authority cited: Sections 1058 and 13627, Water Code. Reference: Sections 185, 13260 and 13627, Water Code; and Title IV, 33 USC, Section 1342 (Clean Water Act). s 3711. Appeals. Applicants or certificate holders may appeal discretionary decisions made by the Office of Operator Certification regarding denial of an application, the results of an examination, or disciplinary action taken. Appeals must be in writing and postmarked within 30 calendar days of receipt of the Office of Operator Certification decision. Appellants must include with their requests, 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. s 3712. Action by Division. After consideration of an appeal and within 30 calendar days of receipt of the appeal, division staff shall make a recommendation to the division chief. The division chief shall review the evidence and the division recommendation and shall make a determination within 30 calendar days of receipt of the recommendation. The determination shall be in writing, labeled as the division chief's determination, and shall inform the appellant that the determination is final and conclusive unless the appellant petitions the board for review in accordance with the provisions of Section 3713. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3713. Petition for Review by Board. (a) An appellant who wishes to appeal the division chief's determination may petition the board for a review. The petition must be in writing and postmarked no later than 30 calendar days after the date of receipt of the determination 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 Certification decision and the division chief's determination; (3) the specific action which the appellant seeks from the board. (c) The appellant may make a written request for a hearing for the purpose of presenting evidence not considered by the division or for presenting 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. s 3714. Defective Petitions. Within 30 calendar days of receipt by the board of a petition 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 petition must be postmarked within 30 calendar days of receipt of notice of the deficiency. If a properly amended petition is not postmarked within 30 calendar days, the petition shall be dismissed unless the appellant can show good cause for an extension of time. Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code. s 3715. Action by Board. (a) After consideration of the appellant's petition and the division chief's 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 chief's 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 resolve the dispute between the appellant and the division. (c) If a hearing is scheduled, the board shall mail a notice to the appellant 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. s 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 regulations, may appeal to the board for a refund of fees in accordance with the provisions of Section 3711. 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 appellant in connection with the pending application for examination or certification. (b) The Office of Operator Certification shall have good cause for exceeding 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 Certification 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, Water Code. Reference: Sections 13627 and 13628, Water Code; and Sections 15374-15378, Government Code. s 3717. Operator and Operator-In-Training Fees. Except as provided by Section 3716, application fees are nonrefundable. (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 (b) Application fee for an examination: Grade I: $ 40 Grade II: 50 Grade III: 70 Grade IV: 80 Grade V: 80 (c) Examination fees are: Grade I: $ 40 Grade II: 50 Grade III: 125 Grade IV: 170 Grade V: 170 (d) Operator certification fees are: Grade I: $ 95 Grade II: 130 Grade III: 170 Grade IV: 190 Grade V: 190 (e) Operator and operator-in-training certification renewal fees are: Grade I: $ 95 Grade II: 130 Grade III: 170 Grade IV: 190 Grade V: 190 (f) Reinstatement fee -The reinstatement fee for all grades is $50. (g) Replacement fee -The fee for replacing a lost, damaged, or destroyed 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 evaluating out-of-state experience and reviewing out-of-state examinations. Note: Authority cited: Sections 1058 and 13628, Water Code. Reference: Sections 13627 and 13628, Water Code. s 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 committee in office on January 1, 1992 shall continue as members of the advisory committee, and their terms shall expire as follows: 1) On June 30, 1992, one representative from a statewide organization representing local sanitation agencies; one representative from a statewide organization representing wastewater treatment plant operators and supervisors; one representative 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. (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: Sections 13631, 13632 and 13633, Water Code. s 3719. Registration Requirement. No person or entity shall enter a contract to operate a wastewater treatment 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 treatment 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. s 3719.10. 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. s 3719.11. 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 entity contracting to operate the wastewater treatment plant(s); (2) the name, address, and telephone number, if known, of the wastewater 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 operator to enter the contract; (6) the registration fee as prescribed by section 3719.19. (b) Application submittal - For persons operating wastewater treatment plants on or before the effective date of these regulations, applications 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 registration shall be submitted and the registration issued before contract operations begin. (c) Division review of application and notice to applicant - The division 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. s 3719.12. Issuance/Content of Certificate of Registration. (a) Content of certificate of registration - The certificate of 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 member 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 operated. The certificate 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 refuse to issue a certificate of registration if it has determined that the applicant has committed any act which is grounds for disciplinary 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. s 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 division shall provide 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 renewal of a contract operator registration shall include, but not be limited to: (1) the name, business address, telephone number, and registration number of the person or entity contracting to operate the wastewater treatment plant(s); (2) the name, address, and telephone number of all wastewater treatment 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 contract operator 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 application as specified in subsection (b). The application for renewal shall be postmarked no later than 30 calendar days before the expiration of the registration. If the application for renewal is postmarked later than 30 calendar 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 notify the registration holder within 30 calendar days whether the application is deficient. If there is a deficiency, the division shall inform the registration 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. s 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 wall 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 renewed 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 pursuant to 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. s 3719.15. 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. s 3719.16. 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. s 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 violation 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 valid and current registration; (d) submitting false or misleading information on any document provided to the division including applications for registration or registration 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 negligently causing or violating or allowing the violation of appropriate waste discharge requirements as prescribed by Article 4 of 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. s 3719.18. Appeals. Applicants or registration holders may appeal discretionary decisions made by the division regarding denial of an application for registration, registration renewal, or disciplinary action taken. Appeals shall be processed in accordance with the provisions of sections 3712 through 3716 of Article 7. Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code. s 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 $100. For each operator employed by the contract operator in California, a fee of $25 shall also be paid by the contract operator up to a maximum of $500 in combined contract operator registration fees and employee registration fees. (b) Renewal Fee - The annual renewal fee is $100 plus $25 for each person employed by the contract operator in California 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 application 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 destroyed certificates is $30. Note: Authority cited: Sections 1058 and 13627.2, Water Code. Reference: Section 13627.2, Water Code. s 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 13, 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. Note: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15005. Reference: Sections 21000-21175, Public Resources Code. s 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 (EIRs), initial studies, Notices of Preparation, draft and final Negative Declarations, Notices of Completion, and Notices of Determination. (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 exempt regulatory program. A copy of this notice appears in Appendix B. (d) "Notice of Filing" means a brief notice to be filed by the board with the Secretary for Resources upon completion of the written documentation prepared for a proposed activity in accordance with an exempt regulatory program. A copy of this notice appears in Appendix C. (e) "Regional board" means a California Regional Water Quality Control Board and the staff of such board when acting pursuant to a delegation 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; Sections 21080.5 and 21082, Public Resources Code; and 14 Cal. Adm. Code 15026.5 and 15055. Reference: Sections 21080.5, 21100 and Division 13, Public Resources Code. s 3722. Compliance with Time Limitations. The board shall complete review and take action with regard to development projects within time limits set forth in Section 65950 of the Government Code if the board is lead agency or within the time limits set forth in Section 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 disapprove 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 21100.2, Public Resources Code; Sections 65950-65957, Government Code; 14 Cal. Admin. Code 15054, 15054.2, 15085.5. Reference: Section 21100.2, Public Resources Code. s 3723. Master Environmental Assessment. For purposes of Section 15069.6 of the State EIR Guidelines, the following 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: Division 13, Public Resources Code. s 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 the Internal Revenue Code of 1954, as amended. (b) Issuance of licenses to appropriate water pursuant to Water 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 Code Section 39615. (e) Issuance of certificates for stockpond water rights pursuant to Article 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 Financing 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), Public Resources Code; 14 Cal. Admin. Code 15073. s 3733. Waste Discharge Requirements Under Water Code Chapter 5.5. Environmental documents are not required for adoption of waste discharge requirements under Chapter 5.5, Division 7 of the Water Code, except requirements for new sources as defined in the Federal Water Pollution Control Act. This exemption is in accordance with Water 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. s 3740. Submission of Information. Whenever any person applies to the board for waste discharge requirements, water reclamation requirements, or other entitlement for use, the board may require that person to submit data and information 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 s 3741. Additional Information Requirements. (a) In addition to the information requested under Section 3740, the person applying for waste discharge requirements, water reclamation requirements, or other entitlement for use, shall complete the Environmental Information Form contained in Appendix H of the State CEQA Guidelines 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 Article 2 of this subchapter; and (3) The project is to be carried out by a person other than 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 requirements, or other entitlement for use shall assure that the board receives 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. Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code. s 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 environmental damage, minimize adverse environmental impacts, or ensure long-term protection of the environment. Note: Authority cited: Sections 21002.1, 21081, and 21082, Public Resources Code. Reference: Section 21002, Public Resources Code. s 3750. Submission of Information. (a) Whenever any municipality applies to the state board for discretionary grant assistance from both the state board and the Federal Environmental Protection Agency for a project to be undertaken by such municipality, the application shall be supported by: (1) An Environmental Assessment as required by the National Environmental Policy Act. (2) An Environmental Impact Report or Negative Declaration as required by CEQA. (b) Whenever any public agency applies to the state board for any other 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 environment, then such person shall submit with the application sufficient information and data to determine feasible changes in the project which 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 without an independent evaluation and analysis of such information or documents. Note: Authority cited: Sections 21082 and 21160, Public Resources Code; 14 Cal. Admin. Code 15061, 15082. Reference: Section 21104, Public Resources Code. s 3751. Limitation of Funding (a) The state board, acting as a responsible agency, may deny, postpone or condition discretionary financial assistance for any project subject to CEQA which is to be undertaken by any person where the state board determines that such action is necessary to protect against environmental damage to water resources, prevent nuisance, minimize adverse environmental impact on water resources, or ensure long-term protection of water resources. (b) The state board, acting as lead agency, may deny, postpone, or condition discretionary financial assistance for any project which is undertaken 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 protection of the environment. (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. Note: Authority cited: Sections 21002.1, 21081, and 21082, Public Resources Code. Reference: Division 13, Public Resources Code. s 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 180 days after the board finds the application for the project to be complete. Note: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15085.5. Reference: Division 13, Public Resources Code. s 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 incomplete and indicate how the application can be made complete. Note: Authority cited: Section 21082, Public Resources Code; Sections 62928 and 65943, Government Code. Reference: Division 13, Public Resources Code. s 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 Records Act for actual reproduction costs. Note: Authority cited: Section 21082, Public Resources Code; Chapter 6.5, Division 7, Title 1, Government Code, commencing with Section 6250. Reference: Section 21105, Public Resources Code. s 3763. Public Participation and Hearings. The board shall take appropriate action to encourage public participation and comment in the preparation and review of environmental documents. Such action may include a public hearing, a workshop or a board meeting when such is deemed necessary by the board for proper evaluation of the activity involved. Note: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15164, 15165. Reference: Division 13, Public Resources Code. s 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. s 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 Resources, 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: Section 21080.5, Public Resources Code. s 3776. Documentation Required for Issuance of a Permit, License, Certificate, or Other Entitlement for Use. (a) The applicant for an entitlement for use which is issued, adopted, or prescribed pursuant to a certified regulatory program shall include, with the existing application form, the completed Environmental Information Form contained in Appendix H to the State CEQA Guidelines. Upon completion of the application form and the Environmental Information 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 alternatives to the proposed activity; and (3) Mitigation measures to minimize any significant adverse environmental 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 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: Division 13, Public Resources Code. s 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 adoption must be accompanied by a completed Environmental Checklist 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 environmental 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 notification. 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: Division 13, Public Resources Code. s 3778. Consultation. Upon completion of the written report, the board shall consult with other public agencies having jurisdiction by law with respect to the proposed activity and should consult with persons having special expertise with regard to the environmental effects involved in the proposed activity. The board may consult with such persons by transmitting a copy of the written report or by other appropriate means. Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code. s 3779. Response to Comments. (a) The board shall prepare written responses to the comments containing significant environmental points raised during the evaluation process, if such comments are received at least fifteen days before the date the board intends to take action 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 prepare written responses before the board meeting, and for those oral comments 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 comments 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: Division 13, Public Resources Code. s 3780. Approval. The board shall not approve a proposed activity if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the proposed activity may have on the environment. Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21081, Public Resources Code. s 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: Division 13, Public Resources Code. s 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 requirements of Public Resources Code Section 21080.5: The Water Quality Control (Basin)/208 Planning Program. Note: Authority cited: Section 21082, 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: DD 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 beach 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 currents, 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 limited 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 through inter - ________ ____ ____ ception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related /hazards such as flooding or tidal waves? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number 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 agricultural 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 reptiles, fish and shellfish, benthic organisms, 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 into 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 existing housing, ____ ____ ____ or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular ____ ____ ____ 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 waterborne, 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 environment 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 Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21000-21176, and Division 13, Public Resources Code. Note: Authority cited: Section 21082, Public Resources Code. Reference: 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 Compliance with Section 21080.5 of the Public Resources Code Project Proponent:_____________________________________________________________ Project Title:_________________________________________________________________ Contact Person:____________________________________________ Telephone No.:____ Project Location:______________________________________________________________ Project Description:___________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 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: Division 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:___________________________________________ Telephone No.:___________ Project Location:____________________________________________________________ Project Description:_________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 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 accordance with a regulatory program exempt under Section 21080.5 of the Public Resources Code from the requirement to prepare an environmental 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, Public Resources Code. Reference: Division 13, Public Resource Code. s 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 Protection, shall review the provisions of this Chapter to determine whether they should be retained, revised, or repealed. 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, 174, 179, 183, 186, 1059, 13160, 13160.1, 13321, 13350 and 13396, Water Code; and Sections 44533 and 44539, Health and Safety Code. s 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 restoration - 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, organization, group, or agency submitting an application, subject to the following 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 requests water quality 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 provided 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 includes 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 development 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 denial carries with it no judgement on the technical merits of the activity or compliance 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 regional board. ( l ) "Federal agency" means, for purposes of water quality certification: (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 definition 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 Pollution Control Financing Authority Act (Health and Safety Code, Division 27, commencing with Section 44502). (o) "Regional board" means a California Regional Water Quality Control 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 certification" means a certification that any discharge or discharges to waters of the United States, resulting from an activity 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 of the Clean Water Act (33 USC Sections 1311, 1312, 1313, 1316, 1317), and any other appropriate requirements of state law. (w) "Waters of the United States" means surface water and water bodies as defined by EPA regulations (e.g., 40 CFR Section 122.2). All waters of the United States in California are also "waters of the state" (defined 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 13050(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 Section 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 Section 15000 et seq., State CEQA Guidelines. s 3832. Number of Copies. Two copies of each application shall be submitted. 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; Section 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code. s 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 accompanied by a fee deposit for processing the application. Processing the application includes evaluating the activity proposed in the application and determining whether the certification should be issued and what conditions, 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 deposit shall accompany the application, and subsequent deposits shall be required as necessary to cover the state board's reasonable costs of processing 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 application. The state board shall notify the applicant by certified mail of any deposits 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 incurred 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 incurred in anticipation of the filing of an application, including participation in pre-filing consultation and any investigations or studies to evaluate 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 subsection (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 subject 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 certification, the applicant shall pay only the fees imposed under chapter 5 (commencing with section 1061) of this division, and no additional deposit is required under this subsection (b)(2). (3) If the activity 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 requirements are to be issued in conjunction and simultaneously with taking action on the application for water quality certification, or the project is to be regulated through general waste discharge requirements or general waivers thereof, the applicant shall pay only one fee. If action is taken on the application for water quality certification, but waste discharge requirements 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 prejudice or when an original application is voluntarily withdrawn by the applicant 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 application 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 established under this section shall be set at the hourly rate specified in Section 2200.4, Title 23, of the California Code of Regulations. An initial deposit of $500 shall accompany all such applications. (d) The fees described in this Section do not include the costs of preparation 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. s 3833.1. Annual Fees for FERC Licensed Hydroelectric Projects. (a) Each applicant seeking water quality certification for an activity that includes, or involves construction or modification of facilities for the purpose of, producing hydroelectric power, where the activity or facilities require the issuance or amendment of a FERC license, shall pay an annual fee in accordance with this section. (b)(1) An annual fee calculated pursuant to paragraphs (4) and (5) 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 initiated 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). (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 s 5.6 or 18 CFR s 16.6. (B) Consultation is initiated pursuant to 18 CFR s 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 withdrawal 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 $ 0.13 per kilowatt, based on the authorized or proposed installed generating capacity of the hydroelectric facility. (A) In the case of an application for an original, new or subsequent license, as those terms are used in Parts 4, 5 and 16 of Title 18 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 license, 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 hydroelectric 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 specified in paragraph (4) any portion of that deposit that was for costs incurred 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 deposit 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 determination by the state board that an applicant is required to pay a fee under this section or paragraph (1) of subdivision (b) of section 3833, and any determination by the state board regarding the amount of that fee, is subject to review under chapter 4 (commencing with Section 1120) 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 chapter 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 paragraph (1) of subdivision (b) of section 3833, the board's decision regarding 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 State Board of Equalization. Note: Authority cited: Section 13160.1, Water Code. Reference: Section 13160.1, Water Code. s 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 certification action unless the activity's size, design, scope, or potential for adverse impact has changed significantly, prompting the need for further technical or administrative review or otherwise triggering a larger fee as required pursuant to Section 3833 of this Chapter. 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 13160 and 13160.1, Water Code; and Sections 44533 and 44539, Health and Safety Code. s 3835. Complete, Incomplete, and Valid Applications. (a) Upon receipt of an application, it shall be reviewed by the certifying agency to determine if it is complete. If the application is incomplete, the applicant shall be notified in writing no later than 30 days after 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 obtained, and the federal period for certification will expire before the certifying agency can receive and properly review the missing information, the certifying agency shall deny without prejudice certification for any discharge resulting from the proposed activity unless the applicant in writing withdraws the request for certification. (c) When a complete application is received, the applicant, the federal agency, and EPA shall be notified no later than 30 days after receipt of the application. (d) A request for certification 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; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Section 13160, Water Code; Sections 44533 and 44539, Health and Safety Code; and Section 65943, Government Code. s 3836. Additional Information. (a) Once a certifying agency determines that an application is complete, it may request further information from the applicant. Such information 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 information may include evidence of compliance with appropriate requirements of a water quality control plan. (b) If an application is determined to be complete by the certifying agency but supplemental information is requested by the certifying agency pursuant to Subsection (a) of this Section, an extension of the federal period for certification cannot be obtained, and the federal period for certification will expire before the certifying agency can receive and properly review the supplemental information, the certifying agency shall deny without prejudice certification for any discharge resulting from the proposed activity unless the applicant in writing withdraws the request for certification. (c) If an application is determined to be complete by the certifying agency, but CEQA requires that the certifying agency review a final environmental document before taking a certification action, an extension of the federal period for certification cannot be obtained, and the federal period 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 discharge resulting from the proposed activity unless the applicant in writing withdraws the request for certification. 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; 40 CFR Section 121.2; Sections 13160 and 13160.1, Water Code; Sections 44533 and 44539, Health and Safety Code; Sections 21100 and 21100.2, (CEQA) Public Resources Code; and Section 15111, State CEQA Guidelines. s 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 denial 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 certification (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 discharge which will not comply with applicable water quality standards and other appropriate requirements; or (2) compliance with water quality standards and other appropriate requirements 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 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Section 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code. s 3838. Authority of Executive Director, Executive Officers, and Regional Boards. (a) The executive director, or his/her designee, is authorized to take all actions connected 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 activities associated with such applications within the executive officer's region of jurisdiction, except as otherwise provided in Subsection 3855(b) of this Chapter. (c) A regional board, at its discretion, may take any action its executive officer is authorized to take under Subsection (b) of this Section. If a regional board directs that a water quality certification action will be taken by that regional board, but an extension of the federal period for certification cannot be obtained, and the federal period for certification will expire 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 expires, unless the applicant in writing withdraws the request for certification. 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 regional board takes an action, unless the project changes significantly 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 CFR 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. s 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 applicable federal regulations (current federal regulations are contained in 40 CFR Part 20). Note: Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20. s 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. Reference: 26 USC 169, 40 CFR 20. s 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 13260 unless there are existing waste discharge requirements for the facility, or the facility discharges to a community sewer system. Note: Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20. s 3844. Regional Board Action. (a) The regional board executive officer shall promptly 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. Reference: 26 USC 169, 40 CFR 20. s 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 determines that the facility is in conformity with state programs and requirements 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 applicant. Note: Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20. s 3848. Federal Regulations; Delegation. Note: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21. s 3849. Filing of Applications. Note: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21. s 3850. Content of Applications. Note: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21. s 3851. Review and Issuance of Certifications. Note: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21. s 3852. Utilization of Certification. Note: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21. s 3855. Filing of Application. (a)(1) An application for water quality certification shall be filed with the regional board executive officer in whose region a discharge may occur 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 provided by the applicant to each regional board executive officer in whose region a discharge may occur, whenever a potential discharge from a proposed 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 Section 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 other diversion of water for domestic, irrigation, power, municipal, industrial, or other beneficial use. (2)(A) For an application subject to Subsection (b)(1)(A) of this Section, 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 other 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 appropriate regional board copies of any portions of the application that may be relevant to adverse water quality impacts, other than specific impacts resulting from alteration/modification to instream flows, from the proposed activity. The executive officer shall review for water quality concerns the relevant portions of the application and transmit back to the executive director any appropriate recommendations and conditions necessary 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 Section 1341; and Sections 1059 and 13160, Water Code. s 3856. Contents of a Complete Application. A complete application 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 application). (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) license/permit number(s) (e.g., nationwide permit number), if applicable; 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) concerning 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 discussing 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 written statement to this effect. (e) Copies of any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other 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 Title 18 of the Code of Federal Regulations is required. (f) A copy of any draft or final CEQA document(s), if available, prepared 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 documentation before taking a certification action. (g) The correct fee deposit, as identified in Section 3833 of this Chapter. (h) A complete project description, including: (1) Name(s) of any receiving water body(ies) that may receive a discharge. (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, in 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 water 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 permanently by a discharge or by dredging. The estimated quantity of waters to be adversely impacted by any discharge shall be reported in acres and (for channels, shorelines, riparian corridors, and other linear habitat) linear feet, except that dredging estimates shall be reported in cubic yards. (5) The total estimated quantity (in acres and, where appropriate, linear feet) of waters of the United States, by type (see Subsection (h)(2) of this Section) proposed to be created, restored, enhanced, purchased from a mitigation or conservation bank, set aside for protection, or otherwise identified as compensatory mitigation for any anticipated adverse impacts. If compensatory mitigation is to be provided in some other form, that shall be 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 jurisdictional 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 application contains information requested in this Section, that specific information 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 1341; 40 CFR Section 121.2; Sections 13160 and 13160.1, Water Code; and Section 21080, Public Resources Code. s 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 discharge requirements for any activity. Note: Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 13160, 13260 and 13263; Water Code. s 3858. Public Notice and Hearings. (a) The executive director or the executive officer with whom an application for certification is filed shall provide public notice of an application at least twenty-one (21) days before taking certification action on the application, unless the public notice requirement has been adequately 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 certification. (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. s 3859. Action on an Application. (a) After review of the application, all relevant data, and any recommendations of a regional board, other state and federal agencies, and any interested person, the state board, the executive director, when acting as the state board's designee, or executive 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 certification or denial of certification issued shall be sent to the applicant, the state board (if not the certifying agency), appropriate regional 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 certification action. A written certification or denial shall include: (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(ies), if available; (2) the certification action being taken and a complete list of any conditions; 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 activity(ies) will comply with water quality standards and other appropriate requirements, the state board, executive director, regional board, or executive 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 Chapter. (c) For applications submitted pursuant to Subsection 3855(a) of this Chapter, the regional board or executive officer shall take a certification action under this Section. For applications submitted pursuant to Subsection 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. s 3860. Standard Conditions. The following shall be included as conditions of all water quality certification 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 license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection 3855(b) of this Chapter and that application specifically identified that a FERC license or amendment 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. s 3861. Water Quality Certification for Classes of Activities. (a) A certifying agency may, on its own motion, take a "general" certification action on discharges within its own geographic area of jurisdiction 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 adverse impacts requiring the same or similar certification conditions or limitations 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 certification 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; (2) shall require public notification at least 45 days before general certification is issued; (3) shall be conditioned to require subsequent notification to the appropriate regional board(s) and to the state board by proponents of projects to which the action applies no less than 21 days before any activity which may result in a discharge is commenced; and to include appropriate monitoring and agency-reporting requirements for all activities subject to federal licenses and permits issued in reliance on such certification; (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 activities 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 individual federal licenses or permits, was issued. (2) Violation of any water quality objectives adopted or approved under 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 effects - including the risk of loss, injury, or death - from flooding, landslides, 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. s 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. s 3863. Contents of Application. Applications shall include: (a) A detailed description of the proposed project, the need for the project and the manner in which the project, as designed, will further compliance with federal, state or local water pollution standards and requirements. (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 facilities 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. s 3864. Review of Applications, Issuance of Certifications. (a) Applications 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 involve a discharge, review and certification will be handled by the regional board having jurisdiction 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. Note: Authority cited: Section 1058, Water Code. Reference: Sections 44533 and 44539, Health and Safety Code. s 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 executive director, a regional board, or an executive officer under Articles 1 through 5 of this 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 regional board. (2) A fee determination under subdivision (1) of subdivision (b) of section 3833 or section 3833.1, made by the state board or by an officer or employee of the board acting under delegated authority, is subject to reconsideration in accordance with chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code and the procedures set forth in Article 12 (commencing with section 768) of chapter 2 of division 3 of this title, and is not subject to the procedures set forth in this section. 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 miscalculated. (b)(1) The state board and the executive director, when acting as the state board's designee, may undertake such reconsideration on their own motion. They shall notify 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 information and comments before taking a final reconsideration action (as listed in Subsection 3869(a) of this Chapter). (2) If such reconsideration is initiated more than thirty (30) days after the certification action in question, any rescission or amendment of the certification action resulting from such reconsideration shall not apply to any activities 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 notified that such reconsideration had been initiated. (3) Nothing in Subsection (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 executive director following reconsideration of a certification action. (c) A petition for reconsideration shall be submitted in writing 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 petition shall contain: (1) the name, address, and telephone number of the petitioner; (2) the specific action or failure to act which the state board is requested to reconsider and a copy of any document issuing or denying certification that is referred to in the petition; (3) the date on which the certification action or failure to act occurred; (4) a full and complete statement of reasons why 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 board which the petitioner requests; (7) a list of persons, if any, other than the petitioner and applicant, if not the petitioner, known to have an interest in the subject matter of the petition; (8) a statement that the petition has been sent to the appropriate regional board or executive officer and to the applicant, if not the petitioner; and (9) a copy of a request to the executive director or appropriate executive officer for preparation of the state board or regional board staff record, 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 petitioner participated in any process (e.g., public hearing testimony, discussion with agency personnel, correspondence), if available, leading to the action or failure to act in question. If a process for participation was available, but the applicant did not participate, the petition shall include an explanation for the petitioner's failure to participate. Note: Authority cited: Sections 1058 and 13160.1, 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, 13160 and 13160.1, Water Code; and Sections 44533 and 44539, Health and Safety Code. s 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, applicant (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 copies of their responses to the petitioner, the applicant (if not the petitioner), 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 director, if acting as the state board's designee. 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. s 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. s 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 director (state board only), regional board, or executive officer if the petition fails to raise substantial issues that are appropriate for reconsideration; (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 appropriate 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 acting 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 regulations (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 material 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 director, when acting as the state board's designee, for a stay of the effect of an action under this Chapter by a regional board, executive 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 petitioner alleges facts and produces 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 questions 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 executive director (when not the originator of the action in question) deems appropriate. (3) Nothing in Subsection 3869(d)(1) of this Chapter shall preclude the state board or executive director, when acting as the state board's designee, from issuing a stay of the effect of an action under this Chapter by a regional board, an executive officer, or the executive director (state board only), upon their own motion. The requirement for an affidavit may be waived by the state board or the executive director (when not the originator of the action in question). 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 and 1059, Water Code; and Sections 44533 and 44539, Health and Safety Code. s 3870. Definitions. As used in this chapter: (a) "Architectural, landscape architectural, engineering, environmental, and land surveying services," "construction project management," and "environmental services" have the same meaning as defined in Section 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 1102 of the Public Contract Code. (e) "Firm" means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession 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. Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525-4529.10 and 14837, Government Code; Section 999, Military and Veterans Code; and Section 1102, Public Contract Code. s 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 following 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 ongoing 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 performed. (b) The board shall weigh the factors identified in subdivision (a) according 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. s 3872. Announcement. (a) The board shall publish a statewide announcement of the proposed project. (b) In addition to the announcement specified in subdivision (a), the board may publish an annual statewide announcement requesting 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 accordance with title 2, division 3, part 5.5, chapter 6 of the Government Code (commencing 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 announcements to those firms. Failure of the board to send a copy of an announcement to a firm shall not invalidate 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 submittal information. (f) An announcement issued pursuant to subdivision (b) shall 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 address; (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 further submittal information. (g) The board shall endeavor to identify potentially qualified small business firms interested in contracting with the board, and shall provide copies of the announcements to those small business firms that have indicated 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. s 3873. Selection of Qualified Firms. (a) After the final response date stated in the announcement issued pursuant to Section 3872, subdivision (a), the board shall review the written responses to the announcement together with statements of qualifications 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 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 preference, no fewer than three firms determined to be the most highly qualified 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 qualified. 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. s 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 comparable services. The estimate shall serve as a guide during contract negotiations 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 considerations, 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. s 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 negotiations; (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 according to Section 3873, in the selected order. (c) If the board is unable to negotiate a satisfactory contract with a selected firm, the board may make additional selections from the qualified firms, as provided for in Section 3873, and continue the negotiation process 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 required 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. s 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 Title 2, California Code of Regulations, 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 10115.2, Public Contract Code; and Monterey Mechanical Co. v. Wilson (9th Cir. 1997) 125 F.3d 702, 706, fn. 5, rehearing denied (1998) 138 F.3d 1270. s 3877. Contract Amendments. If the board determines that a change in the contract is necessary during 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. s 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 pursuant 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 accordance 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 Section 6106, Public Contract Code. s 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 Government 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 either promised or paid to a board employee. Failure to adhere to the warranty may be cause for contract termination and recovery of damages under 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 contributions, conflicts of interest, or unlawful activities. Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4529.12 and 87100, Government Code. s 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 judgment, and it is in the public interest to require competitive bids. (b) This chapter shall not apply when the board determines 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 1102, Public Contract Code. s 3890. General Intent, Content, and Applicability of Regulations. (a) The regulations in this Chapter are intended to provide electronic access to reports, including soil, vapor, and water data, prepared for the purpose of subsurface investigation or remediation of: (1) an unauthorized discharge or deposit of waste as defined in section 13050 of the Water Code, (2) an unauthorized release 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. (b) The regulations in this Chapter require persons responsible for submitting 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 superseded by, any other applicable reporting requirements. (d) Except as provided in Section 3895(b), the electronic reporting requirements of this Chapter are intended to replace requirements for the submittal of paper copies of reports, beginning July 1, 2005. Note: Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196 and 13198, Water Code. s 3891. Definition of Terms. "COELT" is the United States Army Corps of Engineers Loading 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 System (LIMS) or manually entered data. COELT is an optional software application that is intended to help laboratories that require new software to produce the EDF data deliverable. COELT includes a report 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 1.2a of COELT may be used. The program (coelt12i.exe) and documents (coelt 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 geodetic 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 1.2i of EDCC shall be used. Programs (edcc.zip and edccservicepac1.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 assurance 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 (Laboratory 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 underground storage tanks. This system consists of a relational database, on-line compliance reporting features, a geographical information system (GIS) interface and other features that are utilized by the State Board, regional boards, local agencies, regulated industry and the public to input, manage, or access compliance and regulatory tracking data. Geotracker, initially known as the Geographical Environmental Information Management System (GEIMS) database, is available at http://geotracker.swrcb.ca.gov/. "PDF" means Portable Document Format. "PDF" files are self-contained 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. Although PDF files contain the complete formatting of the original document, 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 fluctuations 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 regulation, 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. Note: Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13195(b) and 13196, Water Code. s 3892. Reports. The following reports are subject to the requirements of this Chapter, when those reports are required for the purpose of subsurface investigation or remediation of: (1) an unauthorized discharge or deposit of waste as defined in section 13050 of the Water Code, (2) an unauthorized release 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 11 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 13304 of the Water Code. (d) Reports submitted pursuant to section 13267 of the Water Code. (e) Reports submitted pursuant to any order or directive of the State 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. s 3893. Electronic Submittal of Reports. (a) Persons responsible for submitting reports pursuant to this Chapter shall submit the following information described in subdivision (b) electronically over the Internet to the State Board's Geotracker system in conformance with data dictionaries found in Title 27, Division 3, Subdivision 2 (Monitoring and Release Information) and specifications contained in the State Water Resources Control Board EDF Guidelines and Restrictions (version 1.2i) 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 chemical analysis of soil, vapor, or water samples (including surface water, groundwater and influent/effluent water samples from remediation systems), shall be submitted in EDF format. All data submitted in EDF format 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 regulatory 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 referenced 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 permanent 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 referred to in the report. (5) The depth to the screened interval and the length of screened interval 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. (c) All deadlines and timeframes for submittals of reports are applicable to the information submitted electronically pursuant to this Chapter. Note: Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196 and 13198(c), Water Code. s 3894. Timing of Electronic Reporting Requirements. (a) Electronic submittals of information for sites subject to the requirements of Title 23, Division 3, Chapter 16, Article 11 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 requirements. Note: Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196(a) and 13198(c), Water Code. s 3895. Submittal of Alternate Forms of Reports. (a) Beginning July 1, 2005, the successful submittal of electronic information in accordance with this Chapter shall replace the requirement 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 if the agency determines that the alternative form is necessary. The burden, including cost, of these alternative forms shall bear a reasonable relationship 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.