Loading (50 kb)...'

(continued) e available for inspection by the public but shall be
made available to governmental agencies for use in making studies.
However, these portions of a report shall be available for use by the
state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report.
(c) In conducting an investigation pursuant to subdivision (a),
the regional board may inspect the facilities of any person to
ascertain whether the purposes of this division are being met and
waste discharge requirements are being complied with. The inspection
shall be made with the consent of the owner or possessor of the
facilities or, if the consent is withheld, with a warrant duly issued
pursuant to the procedure set forth in Title 13 (commencing with
Section 1822.50) of Part 3 of the Code of Civil Procedure. However,
in the event of an emergency affecting the public health or safety,
an inspection may be performed without consent or the issuance of a
warrant.
(d) The state board or a regional board may require any person,
including a person subject to a waste discharge requirement under
Section 13263, who is discharging, or who proposes to discharge,
wastes or fluid into an injection well, to furnish the state board or
regional board with a complete report on the condition and operation
of the facility or injection well, or any other information that may
be reasonably required to determine whether the injection well could
affect the quality of the waters of the state.
(e) As used in this section, "evidence" means any relevant
evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common
law or statutory rule which might make improper the admission of the
evidence over objection in a civil action.



13268. (a) (1) Any person failing or refusing to furnish technical
or monitoring program reports as required by subdivision (b) of
Section 13267, or failing or refusing to furnish a statement of
compliance as required by subdivision (b) of Section 13399.2, or
falsifying any information provided therein, is guilty of a
misdemeanor, and may be liable civilly in accordance with subdivision
(b).
(2) Any person who knowingly commits any violation described in
paragraph (1) is subject to criminal penalties pursuant to
subdivision (e).
(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 Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (a) in an amount which shall not exceed five thousand
dollars ($5,000) for each day in which the violation occurs.
(c) Any person discharging hazardous waste, as defined in Section
25117 of the Health and Safety Code, who knowingly fails or refuses
to furnish technical or monitoring program reports as required by
subdivision (b) of Section 13267, or who knowingly falsifies any
information provided in those technical or monitoring program
reports, is guilty of a misdemeanor, may be civilly liable in
accordance with subdivision (d), and is subject to criminal penalties
pursuant to subdivision (e).
(d) (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 Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (c) in an amount which shall not exceed twenty-five
thousand dollars ($25,000) for each day in which the violation
occurs.
(e) (1) Subject to paragraph (2), any person who knowingly commits
any of the violations set forth in subdivision (a) or (c) shall be
punished by a fine that does not exceed twenty-five thousand dollars
($25,000).
(2) Any person who knowingly commits any of the violations set
forth in subdivision (a) or (c) after a prior conviction for a
violation set forth in subdivision (a) or (c) shall be punished by a
fine that does not exceed twenty-five thousand dollars ($25,000) for
each day of the violation.
(f) (1) Notwithstanding any other provision of law, fines
collected pursuant to subdivision (e) shall be deposited in the Waste
Discharge Permit Fund and separately accounted for in that fund.
(2) 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.



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



13270. Where a public agency as defined in subdivision (b) of
Section 13400 leases land for waste disposal purposes to any other
public agency, including the State of California, or to any public
utility regulated by the Public Utilities Commission, the provisions
of Sections 13260, 13263, and 13264 shall not require the lessor
public agency to file any waste discharge report for the subject
waste disposal, and the regional board and the state board shall not
prescribe waste discharge requirements for the lessor public agency
as to such land provided that the lease from the lessor public agency
shall not contain restrictions which would unreasonably limit the
ability of the lessee to comply with waste discharge requirements
appurtenant to the leased property.



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



13272. (a) Except as provided by subdivision (b), any person who,
without regard to intent or negligence, causes or permits any oil or
petroleum product to be discharged in or on any waters of the state,
or discharged or deposited where it is, or probably will be,
discharged in or on any waters of the state, shall, as soon as (1)
that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
Office of Emergency Services of the discharge in accordance with the
spill reporting provision of the California oil spill contingency
plan adopted pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7 of Division 1 of Title 2 of the Government Code. This
section shall not apply to spills of oil into marine waters as
defined in subdivision (f) of Section 8670.3 of the Government Code.

(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) or more than five thousand
dollars ($5,000) per day for each day of failure to notify, or
imprisonment of not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state. This subdivision shall not
apply to any person who is fined by the federal government for a
failure to report a discharge of oil.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) Immediate notification to the appropriate regional board of
the discharge, in accordance with reporting requirements set under
Section 13267 or 13383, shall constitute compliance with the
requirements of subdivision (a).
(f) The reportable quantity for oil or petroleum products shall be
one barrel (42 gallons) or more, by direct discharge to the
receiving waters, unless a more restrictive reporting standard for a
particular body of water is adopted.



13272.1. Each regional board shall publish and distribute on a
quarterly basis to all public water system operators within the
region of the regional board, a list of discharges of MTBE that
occurred during the quarter and a list of locations where MTBE was
detected in the groundwater within the region of the regional board.




13272.1. Each regional board shall publish and distribute on a
quarterly basis to all public water system operators within the
region of the regional board, a list of discharges of MTBE that
occurred during the quarter and a list of locations where MTBE was
detected in the groundwater within the region of the regional board.




13273. (a) The state board shall, on or before January 1, 1986,
rank all solid waste disposal sites, as defined in paragraph (5) of
subdivision (i) of Section 41805.5 of the Health and Safety Code,
based upon the threat they may pose to water quality. On or before
July 1, 1987, the operators of the first 150 solid waste disposal
sites ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d). On or before July 1 of each succeeding
year, the operators of the next 150 solid waste disposal sites
ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d).
(b) Before a solid waste water quality assessment test report may
be submitted to the regional board, a professional geologist,
registered pursuant to Section 7850 of the Business and Professions
Code, a certified engineering geologist, certified pursuant to
Section 7842 of the Business and Professions Code, or a civil
engineer registered pursuant to Section 6762 of the Business and
Professions Code, who has at least five years' experience in
groundwater hydrology, shall certify that the report contains all of
the following information and any other information which the state
board may, by regulation, require:
(1) An analysis of the surface and groundwater on, under, and
within one mile of the solid waste disposal site to provide a
reliable indication whether there is any leakage of hazardous waste.

(2) A chemical characterization of the soil-pore liquid in those
areas which are likely to be affected if the solid waste disposal
site is leaking, as compared to geologically similar areas near the
solid waste disposal site which have not been affected by leakage or
waste discharge.
(c) If the regional board determines that the information
specified in paragraph (1) or (2) is not needed because other
information demonstrates that hazardous wastes are migrating into the
water, the regional board may waive the requirement to submit this
information specified in paragraphs (1) and (2) of subdivision (b).
The regional board shall also notify the Department of Toxic
Substances Control, and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
(d) The regional board shall examine the report submitted pursuant
to subdivision (b) and determine whether the number, location, and
design of the wells and the soil testing could detect any leachate
buildup, leachate migration, or hazardous waste migration. If the
regional board determines that the monitoring program could detect
the leachate and hazardous waste, the regional board shall take the
action specified in subdivision (e). If the regional board
determines that the monitoring program was inadequate, the regional
board shall require the solid waste disposal site to correct the
monitoring program and resubmit the solid waste assessment test based
upon the results from the corrected monitoring program.
(e) The regional board shall examine the approved solid waste
assessment test report and determine whether any hazardous waste
migrated into the water. If the regional board determines that
hazardous waste has migrated into the water, it shall notify the
Department of Toxic Substances Control and the California Integrated
Waste Management Board and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
(f) When a regional board revises the waste discharge requirements
for a solid waste disposal site, the regional board shall consider
the information provided in the solid waste assessment test report
and any other relevant site-specific engineering data provided by the
site operator for that solid waste disposal site as part of a report
of waste discharge.



13273.1. (a) Except as provided in subdivision (b), an operator of
a solid waste disposal site may submit a solid waste assessment
questionnaire to the appropriate regional board at least 24 months
prior to the site's solid waste water quality assessment test due
date as established pursuant to Section 13273. The regional board
shall require the operator to submit any additional information, as
needed, or require onsite verification of the solid waste assessment
questionnaire data in order to render a decision pursuant to
subdivision (c).
(b) Any solid waste disposal site which is larger than 50,000
cubic yards or is known or suspected to contain hazardous substances,
other than household hazardous wastes, shall be prohibited from
submitting a solid waste assessment questionnaire under this section.

(c) The regional board shall complete a thorough analysis of each
solid waste assessment questionnaire submitted pursuant to this
section by a date 18 months prior to the solid waste assessment test
due date. Based upon this analysis, the regional board shall
determine whether or not the site has discharged hazardous substances
which will impact the beneficial uses of water. If the regional
board determines that the site has not so discharged hazardous
substances, the regional board shall notify the operator that the
operator is not required to prepare a solid waste water quality
assessment test pursuant to Section 13273.
(d) If the regional board does not make the determination
specified in subdivision (c), the operator shall submit all, or a
portion of, a solid waste water quality assessment test. The
regional board shall notify the operator of this determination and
indicate if all, or what portion of, a solid waste water quality
assessment test shall be required. The operator shall submit the
solid waste water quality assessment test, or a portion thereof, by
the date established pursuant to Section 13273.
(e) The state board shall develop a solid waste assessment
questionnaire and guidelines for submittal no later than three months
after the effective date of this statute adding this section. The
questionnaire shall contain, but not be limited to, a
characterization of the wastes, size of the site, age of the site,
and other appropriate factors.
(f) Those operators of solid waste disposal sites listed by the
state board pursuant to Section 13273 in Rank 3 and seeking an
exemption under this section shall submit their solid waste
assessment questionnaire no later than July 1, 1988. If the regional
board does not make the determination specified in subdivision (c),
the regional board shall require the operator to submit all, or a
portion of, a solid waste water quality assessment test by July 1,
1990.


13273.2. Notwithstanding subdivision (b) of Section 13273.1, a
regional board may reevaluate the status of any solid waste disposal
site ranked pursuant to Section 13273, including those sites exempted
pursuant to Section 13273.1, and may require the operator to submit
or revise a solid waste water quality assessment test after July 1,
1989. The regional board shall give written notification to the
operator that a solid waste assessment test is required and the due
date. This section shall not require submittal of a solid waste
water quality assessment test by a date earlier than established in
accordance with Section 13273.


13273.3. As used in Sections 13273, 13273.1, and 13273.2, "operator"
means a person who operates or manages, or who has operated or
managed, the solid waste disposal site. If the operator of the solid
waste disposal site no longer exists, or is unable, as determined by
the regional board, to comply with the requirements of Section
13273, 13273.1, or 13273.2, "operator" means any person who owns or
who has owned the solid waste disposal site.



13273.5. Notwithstanding Section 13273, a small city which operates
a Class III solid waste disposal site is not required to submit a
solid waste water quality assessment test report pursuant to Section
13273 if the city has a population of less than 20,000 persons, the
solid waste disposal site receives less than 20,000 tons of waste per
year, the water table of the highest aquifer under the disposal site
is 250 or more feet below the base of the disposal site and the
water in the highest aquifer is not potable, and the site receives
less than an average of 12 inches of rainfall per year.
This section applies only if the disposal site is operational and
has been granted all required permits as of January 1, 1991, if the
site is located in Kings County, and if the city has completed an
initial solid waste water quality assessment test and a solid waste
air quality assessment test which establish that no significant air
or water contamination has occurred, and, in that event, the city
shall be exempted from conducting further assessment tests for seven
years, or any longer time specified by the regional board, after the
date of the initial assessment tests.



13274. (a) (1) The state board or a regional board, upon receipt
of applications for waste discharge requirements for discharges of
dewatered, treated, or chemically fixed sewage sludge and other
biological solids, shall prescribe general waste discharge
requirements for that sludge and those other solids. General waste
discharge requirements shall replace individual waste discharge
requirements for sewage sludge and other biological solids, and their
prescription shall be considered to be a ministerial action.
(2) The general waste discharge requirements shall set minimum
standards for agronomic applications of sewage sludge and other
biological solids and the use of that sludge and those other solids
as a soil amendment or fertilizer in agriculture, forestry, and
surface mining reclamation, and may permit the transportation of that
sludge and those other solids and the use of that sludge and those
other solids at more than one site. The requirements shall include
provisions to mitigate significant environmental impacts, potential
soil erosion, odors, the degradation of surface water quality or fish
or wildlife habitat, the accidental release of hazardous substances,
and any potential hazard to the public health or safety.
(b) The state board or a regional board, in prescribing general
waste discharge requirements pursuant to this section, shall comply
with Division 13 (commencing with Section 21000) of the Public
Resources Code and guidelines adopted pursuant to that division, and
shall consult with the State Air Resources Board, the Department of
Food and Agriculture, and the California Integrated Waste Management
Board.
(c) The state board or a regional board may charge a reasonable
fee to cover the costs incurred by the board in the administration of
the application process relating to the general waste discharge
requirements prescribed pursuant to this section.
(d) Notwithstanding any other provision of law, except as
specified in subdivisions (f) to (i), inclusive, general waste
discharge requirements prescribed by a regional board pursuant to
this section supersede regulations adopted by any other state agency
to regulate sewage sludge and other biological solids applied
directly to agricultural lands at agronomic rates.
(e) The state board or a regional board shall review general waste
discharge requirements for possible amendment upon the request of
any state agency, including, but not limited to, the Department of
Food and Agriculture and the State Department of Health Services, if
the board determines that the request is based on new information.
(f) Nothing in this section is intended to affect the jurisdiction
of the California Integrated Waste Management Board to regulate the
handling of sewage sludge or other biological solids for composting,
deposit in a landfill, or other use.
(g) Nothing in this section is intended to affect the jurisdiction
of the State Air Resources Board or an air pollution control
district or air quality management district to regulate the handling
of sewage sludge or other biological solids for incineration.
(h) Nothing in this section is intended to affect the jurisdiction
of the Department of Food and Agriculture in enforcing Sections
14591 and 14631 of the Food and Agricultural Code and any regulations
adopted pursuant to those sections, regarding the handling of sewage
sludge and other biological solids sold or used as fertilizer or as
a soil amendment.
(i) Nothing in this section restricts the authority of a local
government agency to regulate the application of sewage sludge and
other biological solids to land within the jurisdiction of that
agency, including, but not limited to, the planning authority of the
Delta Protection Commission, the resource management plan of which is
required to be implemented by local government general plans.



13274. (a) Notwithstanding any other provision of law, any public
water system regulated by the State Department of Health Services
shall have the same legal rights and remedies against a responsible
party, when the water supply used by that public water system is
contaminated, as those of a private land owner whose groundwater has
been contaminated.
(b) For purposes of this section, "responsible party" has the same
meaning as defined in Section 25323.5 of the Health and Safety Code.