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California
WC Sec 13260-13274 Water Discharge Requirements (REGIONAL WATER QUALITY CONTROL -- WATER QUALITY)

WATER CODE
SECTION 13260-13274





13260. (a) All of the following persons shall file with the
appropriate regional board a report of the discharge, containing the
information which may be required by the regional board:
(1) Any person discharging waste, or proposing to discharge waste,
within any region that could affect the quality of the waters of the
state, other than into a community sewer system.
(2) Any person who is a citizen, domiciliary, or political agency
or entity of this state discharging waste, or proposing to discharge
waste, outside the boundaries of the state in a manner that could
affect the quality of the waters of the state within any region.
(3) Any person operating, or proposing to construct, an injection
well.
(b) No report of waste discharge need be filed pursuant to
subdivision (a) if the requirement is waived pursuant to Section
13269.
(c) Every person subject to subdivision (a) shall file with the
appropriate regional board a report of waste discharge relative to
any material change or proposed change in the character, location, or
volume of the discharge.
(d) (1) (A) Each person who is subject to subdivision (a) or (c)
shall submit an annual fee according to a fee schedule established by
the state board.
(B) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing,
monitoring, and enforcement of waste discharge requirements and
waivers of waste discharge requirements.
(C) Recoverable costs may include, but are not limited to, costs
incurred in reviewing waste discharge reports, prescribing terms of
waste discharge requirements and monitoring requirements, enforcing
and evaluating compliance with waste discharge requirements and
waiver requirements, conducting surface water and groundwater
monitoring and modeling, analyzing laboratory samples, and reviewing
documents prepared for the purpose of regulating the discharge of
waste, and administrative costs incurred in connection with carrying
out these actions.
(D) In establishing the amount of a fee that may be imposed on any
confined animal feeding and holding operation pursuant to this
section, including, but not limited to, any dairy farm, the state
board shall consider all of the following factors:
(i) The size of the operation.
(ii) Whether the operation has been issued a permit to operate
pursuant to Section 1342 of Title 33 of the United States Code.
(iii) Any applicable waste discharge requirement or conditional
waiver of a waste discharge requirement.
(iv) The type and amount of discharge from the operation.
(v) The pricing mechanism of the commodity produced.
(vi) Any compliance costs borne by the operation pursuant to state
and federal water quality regulations.
(vii) Whether the operation participates in a quality assurance
program certified by a regional water quality control board, the
state board, or a federal water quality control agency.
(2) (A) Subject to subparagraph (B), any fees collected pursuant
to this section shall be deposited in the Waste Discharge Permit
Fund, which is hereby created. The money in the fund is available
for expenditure by the state board, upon appropriation by the
Legislature, solely for the purposes of carrying out this division.
(B) (i) Notwithstanding subparagraph (A), the fees collected
pursuant to this section from stormwater dischargers that are subject
to a general industrial or construction stormwater permit under the
national pollutant discharge elimination system (NPDES) shall be
separately accounted for in the Waste Discharge Permit Fund.
(ii) Not less than 50 percent of the money in the Waste Discharge
Permit Fund that is separately accounted for pursuant to clause (i)
is available, upon appropriation by the Legislature, for expenditure
by the regional board with jurisdiction over the permitted industry
or construction site that generated the fee to carry out stormwater
programs in the region.
(iii) Each regional board that receives money pursuant to clause
(ii) shall spend not less than 50 percent of that money solely on
stormwater inspection and regulatory compliance issues associated
with industrial and construction stormwater programs.
(3) Any person who would be required to pay the annual fee
prescribed by paragraph (1) for waste discharge requirements
applicable to discharges of solid waste, as defined in Section 40191
of the Public Resources Code, at a waste management unit that is also
regulated under Division 30 (commencing with Section 40000) of the
Public Resources Code, shall be entitled to a waiver of the annual
fee for the discharge of solid waste at the waste management unit
imposed by paragraph (1) upon verification by the state board of
payment of the fee imposed by Section 48000 of the Public Resources
Code, and provided that the fee established pursuant to Section 48000
of the Public Resources Code generates revenues sufficient to fund
the programs specified in Section 48004 of the Public Resources Code
and the amount appropriated by the Legislature for those purposes is
not reduced.
(e) Each person discharges waste in a manner regulated by this
section shall pay an annual fee to the state board. The state board
shall establish, by regulation, a timetable for the payment of the
annual fee. If the state board or a regional board determines that
the discharge will not affect, or have the potential to affect, the
quality of the waters of the state, all or part of the annual fee
shall be refunded.
(f) (1) The state board shall adopt, by emergency regulations, a
schedule of fees authorized under subdivision (d). The total revenue
collected each year through annual fees shall be set at an amount
equal to the revenue levels set forth in the Budget Act for this
activity. The state board shall automatically adjust the annual fees
each fiscal year to conform with the revenue levels set forth in the
Budget Act for this activity. If the state board determines that
the revenue collected during the preceding year was greater than, or
less than, the revenue levels set forth in the Budget Act, the state
board may further adjust the annual fees to compensate for the over
and under collection of revenue.
(2) The emergency regulations adopted pursuant to this
subdivision, any amendment thereto, or subsequent adjustments to the
annual fees, shall be adopted by the state board in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The adoption of these regulations
is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, any emergency regulations adopted
by the state board, or adjustments to the annual fees made by the
state board pursuant to this section, shall not be subject to review
by the Office of Administrative Law and shall remain in effect until
revised by the state board.
(g) The state board shall adopt regulations setting forth
reasonable time limits within which the regional board shall
determine the adequacy of a report of waste discharge submitted under
this section.
(h) Each report submitted under this section shall be sworn to, or
submitted under penalty of perjury.
(i) The regulations adopted by the state board pursuant to
subdivision (f) shall include a provision that annual fees shall not
be imposed on those who pay fees under the national pollutant
discharge elimination system until the time when those fees are again
due, at which time the fees shall become due on an annual basis.
(j) Any person operating or proposing to construct an oil, gas, or
geothermal injection well subject to paragraph (3) of subdivision
(a), shall not be required to pay a fee pursuant to subdivision (d),
if the injection well is regulated by the Division of Oil and Gas of
the Department of Conservation, in lieu of the appropriate California
regional water quality control board, pursuant to the memorandum of
understanding, entered into between the state board and the
Department of Conservation on May 19, 1988. This subdivision shall
remain operative until the memorandum of understanding is revoked by
the state board or the Department of Conservation.
(k) In addition to the report required by subdivision (a), before
any person discharges mining waste, the person shall first submit
both of the following to the regional board:
(1) A report on the physical and chemical characteristics of the
waste that could affect its potential to cause pollution or
contamination. The report shall include the results of all tests
required by regulations adopted by the board, any test adopted by the
Department of Toxic Substances Control pursuant to Section 25141 of
the Health and Safety Code for extractable, persistent, and
bioaccumulative toxic substances in a waste or other material, and
any other tests that the state board or regional board may require,
including, but not limited to, tests needed to determine the
acid-generating potential of the mining waste or the extent to which
hazardous substances may persist in the waste after disposal.
(2) A report that evaluates the potential of the discharge of the
mining waste to produce, over the long term, acid mine drainage, the
discharge or leaching of heavy metals, or the release of other
hazardous substances.
(l) Except upon the written request of the regional board, a
report of waste discharge need not be filed pursuant to subdivision
(a) or (c) by a user of recycled water that is being supplied by a
supplier or distributor of recycled water for whom a master recycling
permit has been issued pursuant to Section 13523.1.



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


13260.3. On or before January 1 of each year, the state board shall
report to the Governor and the Legislature on the expenditure of
annual fees collected pursuant to Section 13260.



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



13262. The Attorney General, at the request of the regional board
or the state board, shall petition the superior court for the
issuance of a temporary restraining order, temporary injunction, or
permanent injunction, or combination thereof, as may be appropriate,
requiring any person not complying with Section 13260 to comply
therewith.



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

(2) The discharges involve the same or similar types of waste.
(3) The discharges require the same or similar treatment
standards.
(4) The discharges are more appropriately regulated under general
discharge requirements than individual discharge requirements.
(j) The state board, after any necessary hearing, may prescribe
waste discharge requirements in accordance with this section.




13263.1. Before a regional board issues or revises waste discharge
requirements pursuant to Section 13263 for any discharge of mining
waste, the regional board shall first determine that the proposed
mining waste discharge is consistent with a waste management strategy
that prevents the pollution or contamination of the waters of the
state, particularly after closure of any waste management unit for
mining waste.



13263.2. The owner or operator of a facility that treats
groundwater which qualifies as a hazardous waste pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code is exempt from the requirement to obtain a hazardous
waste facility permit pursuant to Section 25201 of the Health and
Safety Code for the treatment of groundwater if all of the following
conditions are met:
(a) The facility treats groundwater which is extracted for the
purposes of complying with one or more of the following:
(1) Waste discharge requirements prescribed pursuant to Section
13263.
(2) A cleanup or abatement order issued pursuant to Section 13304.

(3) A written authorization issued by a regional board or local
agency designated pursuant to Section 25283 of the Health and Safety
Code.
(4) An order or approved remedial action plan issued pursuant to
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code.
(b) The facility meets, at a minimum, all of the following
operating standards:
(1) The treatment does not require a hazardous waste facilities
permit pursuant to the Resource Conservation and Recovery Act, as
amended (42 U.S.C. Sec. 6901 et seq.).
(2) The facility operator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of waste
treated.
(3) The facility operator prepares and maintains a written
inspection schedule and log of inspections conducted.
(4) The records specified in paragraphs (2) and (3) are maintained
by the owner or operator of the facility for a period of three
years.
(5) The owner or operator maintains adequate records to
demonstrate that it is in compliance with all of the pretreatment
standards and with all of the applicable industrial waste discharge
requirements issued by the agency operating the publicly owned
treatment works into which the wastes are discharged.
(6) (A) Upon terminating the operation of any treatment process or
unit exempted pursuant to this section, the owner or operator that
conducted the treatment removes or decontaminates all waste residues,
containment system components, soils, and other structures or
equipment contaminated with hazardous waste from the unit. The
removal of the unit from service shall be conducted in a manner that
does both of the following:
(i) Minimizes the need for further maintenance.
(ii) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process ceases
operation.
(B) Any owner or operator who permanently ceases operation of a
treatment process or unit that is exempted pursuant to this section
shall provide written notification to the regional board or local
agency upon completion of all activities required by this
subdivision.
(7) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code and the regulations adopted by the Department of Toxic
Substances Control pursuant to that chapter.
(c) The groundwater is treated at the site where it is extracted
in compliance with one or more of paragraphs (1), (2), (3), and (4)
of subdivision (a).
(d) All other regulatory requirements applicable to the facility
pursuant to Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code are met by the owner or operator.
(e) The treatment of the contaminated groundwater is not performed
under corrective action required by Section 25200.10 of the Health
and Safety Code.



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

(e) The state board or the regional board may establish a schedule
of actions identified in the pollution prevention plans for the
discharger.
(f) The state board or regional board shall solicit comments from
the public on a pollution prevention plan prepared pursuant to this
section and address the public comments when determining what
schedule of actions, if any, to establish for the discharger pursuant
to this section.
(g) The state board and regional boards shall make the pollution
prevention plans available for public review, except to the extent
that information is classified as confidential because it is a trade
secret. Trade secret information shall be set forth in an appendix
that is not available to the public.
(h) Any costs incurred by the state board or a regional board
resulting from actions required by this section shall be paid for
from revenue generated by the fees imposed by Section 13260.
(i) The state board or regional board may assess civil penalties
pursuant to Section 13385 against a discharger for failure to
complete a pollution prevention plan ordered by the state board or a
regional board, or for failure to comply with a schedule of actions
ordered by the state board or a regional board pursuant to this
section.
(j) A POTW may assess civil penalties and civil administrative
penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the
Government Code against an industrial discharger for failure to
complete a pollution prevention plan when ordered by the POTW, for
submitting a plan that does not comply with the act, or for failure
to comply with a schedule of actions ordered by the POTW pursuant to
this section, unless the regional board has assessed penalties for
the same action.
(k) A discharger may change its pollution prevention plan,
including withdrawing from a pollution prevention measure approved by
the state board, a regional board, or a POTW, if the discharger
determines that the measure will have a negative impact on product
quality, the safe operation of the facility, or the environmental
aspects of the facilities operation, and the discharger demonstrates
to the board or the POTW an alternative measure that achieves that
same pollution prevention objective.
(l) The state board shall adopt a format to be used by dischargers
for completing the plan required by this section. The format shall
address all of the factors the discharger is required to include in
the plan. The board may include any other factors determined by the
board to be necessary to carry out this section. The adoption of the
format pursuant to this section is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.



13263.3. (a) The Legislature finds and declares that pollution
prevention should be the first step in a hierarchy for reducing
pollution and managing wastes, and to achieve environmental
stewardship for society. The Legislature also finds and declares
that pollution prevention is necessary to support the federal goal of
zero discharge of pollutants into navigable waters.
(b) (1) For the purposes of this section, "pollution prevention"
means any action that causes a net reduction in the use or generation
of a hazardous substance or other pollutant that is discharged into
water and includes any of the following:
(A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of pollutants discharged in
wastewater.
(B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
pollutants discharged in wastewater.
(C) "Production process change," which means a change in a
process, method, or technique that is used to produce a product or a
desired result, including the return of materials or their components
for reuse within the existing processes or operations, so as to
reduce, avoid, or eliminate the generation of pollutants discharged
in wastewater.
(D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
problem pollutants discharged in wastewater.
(2) For the purposes of this section, "pollution prevention" does
not include actions that merely shift a pollutant in wastewater from
one environmental medium to another environmental medium, unless
clear environmental benefits of such an approach are identified to
the satisfaction of the state board, the regional board, or POTW.
(c) For the purposes of this section, "discharger" means any
entity required to obtain a national pollutant discharge elimination
system (NPDES) permit pursuant to the Clean Water Act (33 U.S.C. Sec.
1251 et seq.), or any entity subject to the pretreatment program as
defined in Part 403 (commencing with Section 403.1) of Subchapter N
of Chapter 1 of Part 403 of Title 40 of the Code of Federal
Regulations.
(d) (1) The state board, a regional board, or a POTW may require a
discharger subject to its jurisdiction to complete and implement a
pollution prevention plan if any of the following apply:
(A) A discharger is determined by the state board to be a chronic
violator, and the state board, a regional board, or the POTW
determines that pollution prevention could assist in achieving
compliance.
(B) The discharger significantly contributes, or has the potential
to significantly contribute, to the creation of a toxic hot spot as
defined in Section 13391.5.
(C) The state board, a regional board, or a POTW determines
pollution prevention is necessary to achieve a water quality
objective.
(D) The discharger is subject to a cease and desist order issued
pursuant to Section 13301 or a time schedule order issued pursuant to
Section 13300 or 13308.
(2) A pollution prevention plan required of a discharger other
than a POTW pursuant to paragraph (1) shall include all of the
following:
(A) An analysis of one or more of the pollutants, as directed by
the state board, a regional board, or a POTW, that the facility
discharges into water or introduces into POTWs, a description of the
sources of the pollutants, and a comprehensive review of the
processes used by the discharger that result in the generation and
discharge of the pollutants.
(B) An analysis of the potential for pollution prevention to
reduce the generation of the pollutants, including the application of
innovative and alternative technologies and any adverse
environmental impacts resulting from the use of those methods.
(C) A detailed description of the tasks and time schedules
required to investigate and implement various elements of pollution
prevention techniques.
(D) A statement of the discharger's pollution prevention goals and
strategies, including priorities for short-term and long-term
action.
(E) A description of the discharger's existing pollution
prevention methods.
(F) A statement that the discharger's existing and planned
pollution prevention strategies do not constitute cross media
pollution transfers unless clear environmental benefits of such an
approach are identified to the satisfaction of the state board, the
regional board, or the POTW, and information that supports that
statement.
(G) Proof of compliance with the Hazardous Waste Source Reduction
and Management Review Act of 1989 (Article 11.9 (commencing with
Section 25244.12) of Chapter 6.5 of Division 20 of the Health and
Safety Code) if the discharger is also subject to that act.
(H) An analysis, to the extent feasible, of the relative costs and
benefits of the possible pollution prevention activities.
(I) A specification of, and rationale for, the technically
feasible and economically practicable pollution prevention measures
selected by the discharger for implementation.
(3) The state board or a regional board may require a POTW to
complete and implement a pollution prevention plan that includes all
of the following:
(A) An estimate of all of the sources of a pollutant contributing,
or potentially contributing, to the loading of that pollutant in the
treatment plant influent.
(B) An analysis of the methods that could be used to prevent the
discharge of the pollutants into the POTW, including application of
local limits to industrial or commercial dischargers regarding
pollution prevention techniques, public education and outreach, or
other innovative and alternative approaches to reduce discharges of
the pollutant to the POTW. The analysis also shall identify sources,
or potential sources, not within the ability or authority of the
POTW to control, such as pollutants in the potable water supply,
airborne pollutants, pharmaceuticals, or pesticides, and estimate the
magnitude of those sources, to the extent feasible.
(C) An estimate of load reductions that may be attained through
the methods identified in subparagraph (B).
(D) A plan for monitoring the results of the pollution prevention
program.
(E) A description of the tasks, cost, and time required to
investigate and implement various elements in the pollution
prevention plan.
(F) A statement of the POTW's pollution prevention goals and
strategies, including priorities for short-term and long-term action,
and a description of the POTW's intended pollution prevention
activities for the immediate future.
(G) A description of the POTW's existing pollution prevention
programs.
(H) An analysis, to the extent feasible, of any adverse
environmental impacts, including cross media impacts or substitute
chemicals, that may result from the implementation of the pollution
prevention program.
(I) An analysis, to the extent feasible, of the costs and benefits
that may be incurred to implement the pollution prevention program.

(e) The state board, a regional board, or a POTW may require a
discharger subject to this section to comply with the pollution
prevention plan developed by the discharger after providing an
opportunity for comment at a public proceeding with regard to that
plan.
(f) The state board, regional boards, and POTWs shall make the
pollution prevention plans available for public review, except to the
extent that information is classified as confidential because it is
a trade secret. Trade secret information shall be set forth in an
appendix that is not available to the public.
(g) The state board or regional board may assess civil liability
pursuant to paragraph (1) of subdivision (c) of Section 13385 against
a discharger for failure to complete a pollution prevention plan
required by the state board or a regional board, for submitting a
plan that does not comply with the act, or for not implementing a
plan, unless the POTW has assessed penalties for the same action.
(h) A POTW may assess civil penalties and civil administrative
penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the
Government Code against a discharger for failure to complete a
pollution prevention plan when required by the POTW, for submitting a
plan that does not comply with the act, or for not implementing a
plan, unless the state board or a regional board has assessed
penalties for the same action.
(i) A discharger may change its pollution prevention plan,
including withdrawing from a pollution prevention measure required by
the state board, a regional board, or a POTW, if the discharger
determines that the measure will have a negative impact on product
quality, the safe operation of the facility, or the environmental
aspects of the facility's operation, or the discharger determines
that the measure is economically impracticable or technologically
infeasible. Where practicable and feasible, the discharger shall
replace the withdrawn measure with a measure that will likely achieve
similar pollution prevention objectives. A measure may be withdrawn
pursuant to this subdivision only with the approval of the executive
officer of the state board or the regional board, or the POTW.
(j) The state board shall adopt a sample format to be used by
dischargers for completing the plan required by this section. The
sample format shall address all of the factors the discharger is
required to include in the plan. The board may include any other
factors determined by the board to be necessary to carry out this
section. The adoption of the sample format pursuant to this section
is not subject to Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
(k) The state board, a regional board, or POTW may not include a
pollution prevention plan in any waste discharge requirements or
other permit issued by that agency.
(l) This section prevails over Section 13263.3, as added to the
Water Code by Assembly Bill 1104 of the 1999-2000 Regular Session.



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



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



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



13264. (a) No person shall initiate any new discharge of waste or
make any material changes in any discharge, or initiate a discharge
to, make any material changes in a discharge to, or construct, an
injection well, prior to the filing of the report required by Section
13260 and no person shall take any of these actions after filing the
report but before whichever of the following occurs first:
(1) The issuance of waste discharge requirements pursuant to
Section 13263.
(2) The expiration of 140 days after compliance with Section
13260 if the waste to be discharged does not create or threaten to
create a condition of pollution or nuisance and any of the following
applies:
(A) The project is not subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code).
(B) The regional board is the lead agency for purposes of the
California Environmental Quality Act, a negative declaration is
required, and at least 105 days have expired since the regional board
assumed lead agency responsibility.
(C) The regional board is the lead agency for the purposes of the
California Environmental Quality Act, and environmental impact report
or written documentation prepared to meet the requirements of
Section 21080.5 of the Public Resources Code is required, and at
least one year has expired since the regional board assumed lead
agency responsibility.
(D) The regional board is a responsible agency for purposes of the
California Environmental Quality Act, and at least 90 days have
expired since certification or approval of environmental
documentation by the lead agency.
(3) The issuance of a waiver pursuant to Section 13269.
(b) The Attorney General, at the request of a regional board,
shall petition the superior court for the issuance of a temporary
restraining order, preliminary injunction, or permanent injunction,
or combination thereof, as may be appropriate, prohibiting any person
who is violating or threatening to violate this section from doing
any of the following, whichever is applicable:
(1) Discharging the waste or fluid.
(2) Making any material change in the discharge.
(3) Constructing the injection well.
(c) (1) Notwithstanding any other provision of law, moneys
collected under this division for a violation pursuant to paragraph
(2) of subdivision (a) shall be deposited in the Waste Discharge
Permit Fund and separately accounted for in that fund.
(2) The funds described in paragraph (1) shall be expended by the
state board, upon appropriation by the Legislature, to assist
regional boards, and other public agencies with authority to clean up
waste or abate the effects of the waste, in cleaning up or abating
the effects of the waste on waters of the state or for the purposes
authorized in Section 13443.


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


13266. Pursuant to such regulations as the regional board may
prescribe, each city, county, or city and county shall notify the
regional board of the filing of a tentative subdivision map, or of
any application for a building permit which may involve the discharge
of waste, other than discharges into a community sewer system and
discharges from dwellings involving five-family units or less.



13267. (a) A regional board, in establishing or reviewing any water
quality control plan or waste discharge requirements, or in
connection with any action relating to any plan or requirement
authorized by this division, may investigate the quality of any
waters of the state within its region.
(b) (1) In conducting an investigation specified in subdivision
(a), the regional board may require that any person who has
discharged, discharges, or is suspected of having discharged or
discharging, or who proposes to discharge waste within its region, or
any citizen or domiciliary, or political agency or entity of this
state who has discharged, discharges, or is suspected of having
discharged or discharging, or who proposes to discharge, waste
outside of its region that could affect the quality of waters within
its region shall furnish, under penalty of perjury, technical or
monitoring program reports which the regional board requires. The
burden, including costs, of these reports shall bear a reasonable
relationship to the need for the report and the benefits to be
obtained from the reports. In requiring those reports, the regional
board shall provide the person with a written explanation with regard
to the need for the reports, and shall identify the evidence that
supports requiring that person to provide the reports.
(2) When requested by the person furnishing a report, the portions
of a report that might disclose trade secrets or secret processes
may not be made available for inspection by the public but shall be (continued)