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(continued)
(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. (continued)