Loading (50 kb)...'
(continued)
(c) Refusal to issue a certificate of registration - The division may refuse to issue a certificate of registration if it has determined that the applicant has committed any act which is grounds for disciplinary action as specified in section 3710 of Article 7 or section 3719.17 of this article.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
s 3719.13. Renewal of Registration.
(a) Division notice of renewal date - At least 60 calendar days prior to the expiration of a contract operator registration, the division shall provide written notification of the expiration date to the registration holder at his or her address of record. Failure to receive a notice of renewal does not relieve the registration holder from the responsibility of renewing a registration on or before the expiration date.
(b) Content of renewal application - An application for renewal of a contract operator registration shall include, but not be limited to:
(1) the name, business address, telephone number, and registration number of the person or entity contracting to operate the wastewater treatment plant(s);
(2) the name, address, and telephone number of all wastewater treatment plants operated and the duration of each contract;
(3) the name and grade of each wastewater treatment plant operator employed at the plant(s);
(4) the name and grade of the chief plant operator for each wastewater treatment plant to be operated;
(5) the original signature of the person authorized by the contract operator to enter the contract; AND,
(6) the renewal fee as prescribed by section 3719.19.
(c) Renewal application submittal - A registration holder who wishes to renew a registration shall submit to the division a completed application as specified in subsection (b). The application for renewal shall be postmarked no later than 30 calendar days before the expiration of the registration. If the application for renewal is postmarked later than 30 calendar days before expiration, the registration holder shall pay a late fee in an amount prescribed by section 3719.19.
(d) Division review of renewal application and notice to applicant - The division shall review the renewal application and shall notify the registration holder within 30 calendar days whether the application is deficient. If there is a deficiency, the division shall inform the registration holder by telephone or letter of the specific information necessary to complete the application for renewal.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
s 3719.14. Issuance/Content of Renewed Certification of Registration.
(a) Content of renewed certificate of registration - A renewed contract operator registration shall be in the form of a wall certificate and shall contain, but not be limited to:
(1) the registration holder's name, business address, and registration number;
(2) the original issue date and next expiration date of the registration;
(3) the State Water Board seal;
(4) the signature of a State Water Board member or member designee.
(b) Issuance of renewed certificate of registration - Within 30 calendar days of the receipt of a complete and approved renewal application, the division shall issue a certificate of registration or inform the applicant of the reason the certificate will not be issued. The division shall also issue one wall certificate to the contract operator for each wastewater treatment plant operated. The certificate shall include the name of the wastewater treatment plant operated in addition to the items in subsection (a)(1) through (4) above.
(c) Refusal to renew registration - The registration shall not be renewed until any unpaid fees or fines have been paid. The division may refuse to renew a registration if it has determined that the applicant has operated a wastewater treatment plant while the registration was expired or has committed any act which is grounds for disciplinary action pursuant to section 3710 of Article 7 or section 3719.17 of this article.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
s 3719.15. Replacement of Certificate of Registration.
A certificate of registration which has been lost, stolen, or destroyed may be replaced by the division. The replacement fee as prescribed by section 3719.19 must be submitted with a request for replacement.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
s 3719.16. Posting the Certificate of Registration.
A valid, unexpired certificate of registration shall be displayed and clearly visible at each wastewater treatment plant where the registration holder has a contract to provide services.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
s 3719.17. Prohibited Acts and Disciplinary Action.
Grounds for discipline - The State Water Board may refuse to grant, or may suspend or revoke, any registration for good cause, including, but not limited to any of the following reasons:
(a) willfully or negligently violating, causing, or allowing the violation of Articles 1 through 10 of Chapter 26;
(b) without regard to intent or negligence, operating or allowing the operation of a wastewater treatment plant by a person who is not certified at the grade necessary for the position or whose certificate has expired;
(c) operating a wastewater treatment plant without a valid and current registration;
(d) submitting false or misleading information on any document provided to the division including applications for registration or registration renewal;
(e) using fraud or deception in the course of contracting to operate a wastewater treatment plant including, but not limited to, submitting false or misleading documents to the owner(s) of the wastewater treatment plant under contract;
(f) failing to use care or good judgment while operating a wastewater treatment plant;
(g) willfully or negligently causing or violating or allowing the violation of appropriate waste discharge requirements as prescribed by Article 4 of Chapter 4 of Division 7 of the Water Code, or the violation of Section 402 of the Clean Water Act which contains the provisions of the National Pollutant Discharge Elimination System permit.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
s 3719.18. Appeals.
Applicants or registration holders may appeal discretionary decisions made by the division regarding denial of an application for registration, registration renewal, or disciplinary action taken.
Appeals shall be processed in accordance with the provisions of sections 3712 through 3716 of Article 7.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
s 3719.19. Wastewater Treatment Plant Contract Operator Registration Fees.
Contract operator fees are as follows:
(a) Initial Registration Fee - The initial contract operator registration fee is $100. For each operator employed by the contract operator in California, a fee of $25 shall also be paid by the contract operator up to a maximum of $500 in combined contract operator registration fees and employee registration fees.
(b) Renewal Fee - The annual renewal fee is $100 plus $25 for each person employed by the contract operator in California up to a maximum of $500 in combined contract operator fees and employee registration fees.
(c) Late fee - Each contract operator who fails to have a renewal application postmarked at least 30 days before expiration shall pay a late fee of $50 in addition to the renewal fee.
(d) Replacement Fee - The fee for replacing lost, damaged, or destroyed certificates is $30.
Note: Authority cited: Sections 1058 and 13627.2, Water Code. Reference: Section 13627.2, Water Code.
s 3720. Purpose.
The purpose of these regulations is to specify the objectives, criteria and procedures to be followed by the state board and the regional boards in implementing the California Environmental Quality Act. (Division 13, Public Resources Code, commencing with Section 21000.)
The State CEQA Guidelines (Title 14, California Administrative Code, Division 6, Chapter 3), including all subsequent amendments thereto, are hereby incorporated by reference as if fully set forth in this subchapter.
Note: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15005. Reference: Sections 21000-21175, Public Resources Code.
s 3721. Definitions.
(a) "Board" means any Regional Water Quality Control Board, the State Water Resources Control Board, or the staff of such boards when acting pursuant to a delegation of authority.
(b) "Environmental documents" means draft and final Environmental Impact Reports (EIRs), initial studies, Notices of Preparation, draft and final Negative Declarations, Notices of Completion, and Notices of Determination.
(c) "Notice of Decision" means a brief notice to be filed by the board with the Secretary for Resources after it has issued, adopted or prescribed a lease, permit, license, certificate or other entitlement for use, or adopted or approved a standard, rule, regulation, or plan in accordance with an exempt regulatory program. A copy of this notice appears in Appendix B.
(d) "Notice of Filing" means a brief notice to be filed by the board with the Secretary for Resources upon completion of the written documentation prepared for a proposed activity in accordance with an exempt regulatory program. A copy of this notice appears in Appendix C.
(e) "Regional board" means a California Regional Water Quality Control Board and the staff of such board when acting pursuant to a delegation of authority from the regional board.
(f) "State board" means the State Water Resources Control Board and staff of such board when acting pursuant to a delegation of authority.
Note: Authority cited: Sections 175, 13200, 13201 and 13223, Water Code; Sections 21080.5 and 21082, Public Resources Code; and 14 Cal. Adm. Code 15026.5 and 15055. Reference: Sections 21080.5, 21100 and Division 13, Public Resources Code.
s 3722. Compliance with Time Limitations.
The board shall complete review and take action with regard to development projects within time limits set forth in Section 65950 of the Government Code if the board is lead agency or within the time limits set forth in Section 65952 of the Government Code if the board is a responsible agency, except where federal statutes or regulations require different time limits, where a combined EIR-EIS is being prepared, where an application to appropriate water has been protested, or where the project applicant and the board have agreed to extend the time limits for a period not to exceed 90 days. In the event the board fails to approve or disapprove a development project within the time limits set forth in Sections 65950 or 65952 of the Government Code, as applicable, the project shall be deemed approved pursuant to Section 65956 of the Government Code.
Note: Authority cited: Sections 21082 and 21100.2, Public Resources Code; Sections 65950-65957, Government Code; 14 Cal. Admin. Code 15054, 15054.2, 15085.5. Reference: Section 21100.2, Public Resources Code.
s 3723. Master Environmental Assessment.
For purposes of Section 15069.6 of the State EIR Guidelines, the following documents have been prepared and designated by the state board as a master environmental assessment for the particular hydrographic area under consideration:
(a) All water quality control plans, and amendments and supplements to such plans, adopted by the regional boards and approved by the state board pursuant to Article 3, Chapter 4 of Division 7 of the Water Code.
(b) All water quality control plans adopted by the state board pursuant to Water Code Section 13170.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3730. Ministerial Project Exemption.
Ministerial projects are exempt from the requirements of CEQA and do not require the preparation of environmental documents. Generally, in the absence of special circumstances, the following activities have been determined to be ministerial projects:
(a) Issuance of certifications pursuant to Section 169 of the Internal Revenue Code of 1954, as amended.
(b) Issuance of licenses to appropriate water pursuant to Water Code Sections 1600-1611.
(c) Issuance of permits to appropriate water pursuant to a decision or order of the state board.
(d) Issuance of certificates pursuant to Health and Safety Code Section 39615.
(e) Issuance of certificates for stockpond water rights pursuant to Article 2.5 of Chapter 1 of Part 2 of Division 2 of the Water Code.
(f) Issuance of a certification to the California Pollution Control Financing Authority Act pursuant to Division 27 of the Health and Safety Code.
(g) Issuance of a license or exemption of any oil spill cleanup agent pursuant to Water Code Section 13169.
Note: Authority cited: Sections 21080(b)(1) and 21082, Public Resources Code; 14 Cal. Admin. Code 15032. Reference: Section 21080(b), Public Resources Code; 14 Cal. Admin. Code 15073.
s 3733. Waste Discharge Requirements Under Water Code Chapter 5.5.
Environmental documents are not required for adoption of waste discharge requirements under Chapter 5.5, Division 7 of the Water Code, except requirements for new sources as defined in the Federal Water Pollution Control Act. This exemption is in accordance with Water Code Section 13389 which does not apply to the policy provisions of Chapter 1 of CEQA.
Note: Authority cited: Section 21082, Public Resources Code; Section 13389, Water Code; 14 Cal. Admin. Code 15037(b)(1). Reference: Division 13, Public Resources Code.
s 3740. Submission of Information.
Whenever any person applies to the board for waste discharge requirements, water reclamation requirements, or other entitlement for use, the board may require that person to submit data and information necessary to enable the board to determine whether the project proposed may have a significant effect on the environment.
Note: Authority cited: Sections 21082 and 21082.1, Public Resources
s 3741. Additional Information Requirements.
(a) In addition to the information requested under Section 3740, the person applying for waste discharge requirements, water reclamation requirements, or other entitlement for use, shall complete the Environmental Information Form contained in Appendix H of the State CEQA Guidelines if the conditions specified in subsections (1), (2), (3) and (4) of this subsection are met:
(1) The project is subject to the requirements of CEQA;
(2) The project does not qualify for an exemption under Article 2 of this subchapter; and
(3) The project is to be carried out by a person other than a public agency; and
(4) No other agency is lead agency for the project.
(b) In addition to the information requested under Section 3740, the person applying for waste discharge requirements, water reclamation requirements, or other entitlement for use shall assure that the board receives copies of the environmental documents or Notice of Exemption if the following conditions are met:
(1) The project is subject to CEQA;
(2) The project is to be carried out by a person other than the board; and
(3) A public agency other than the board is lead agency.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3742. Denial or Limitation of Requirements.
The board may prohibit or condition the discharge of waste and may condition water reclamation requirements in order to protect against environmental damage, minimize adverse environmental impacts, or ensure long-term protection of the environment.
Note: Authority cited: Sections 21002.1, 21081, and 21082, Public Resources Code. Reference: Section 21002, Public Resources Code.
s 3750. Submission of Information.
(a) Whenever any municipality applies to the state board for discretionary grant assistance from both the state board and the Federal Environmental Protection Agency for a project to be undertaken by such municipality, the application shall be supported by:
(1) An Environmental Assessment as required by the National Environmental Policy Act.
(2) An Environmental Impact Report or Negative Declaration as required by CEQA.
(b) Whenever any public agency applies to the state board for any other discretionary financial assistance for a project to be undertaken by such public agency, the application shall be supported by either an Initial Study and a Negative Declaration or an EIR.
(c) Whenever any person, other than a public agency, applies to the state board for any form of discretionary financial assistance for a project to be undertaken by such person, the application shall be submitted with sufficient information and data to determine whether the project may have a significant effect on the environment. If the supplied information and data indicate that the project will have a significant effect on the environment, then such person shall submit with the application sufficient information and data to determine feasible changes in the project which mitigate or avoid the substantial adverse changes in the environment. This information may be supplied in the form of a draft EIR or an Initial Study and Negative Declaration. However, regardless of the format used, the state board shall not use the information or documents as its own without an independent evaluation and analysis of such information or documents.
Note: Authority cited: Sections 21082 and 21160, Public Resources Code; 14 Cal. Admin. Code 15061, 15082. Reference: Section 21104, Public Resources Code.
s 3751. Limitation of Funding
(a) The state board, acting as a responsible agency, may deny, postpone or condition discretionary financial assistance for any project subject to CEQA which is to be undertaken by any person where the state board determines that such action is necessary to protect against environmental damage to water resources, prevent nuisance, minimize adverse environmental impact on water resources, or ensure long-term protection of water resources.
(b) The state board, acting as lead agency, may deny, postpone, or condition discretionary financial assistance for any project which is undertaken by any person where the state board determines that such action is necessary to protect against environmental damage, to prevent nuisance, to minimize adverse environmental impacts, or to ensure long-term protection of the environment.
(c) When a project is subject to CEQA and NEPA, special conditions placed on the project to ensure compliance with NEPA will be binding conditions of state discretionary financial assistance.
Note: Authority cited: Sections 21002.1, 21081, and 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3760. Time Limits in Action by Responsible Agency.
Any action or approval for a project must be taken by the board within the following time periods, whichever period is later:
(a) Within 180 days after the lead agency approves the project, or
(b) Within 180 days after the board finds the application for the project to be complete.
Note: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15085.5. Reference: Division 13, Public Resources Code.
s 3761. Determination As to Completeness of Application.
(a) Within 30 days after receiving an application for a development project as defined in Section 65928 of the Government Code, and the board is determined to be a responsible agency, the board shall notify the applicant, in writing, whether the application is complete.
(b) If the board finds the application is incomplete, it shall notify the applicant in writing and specify the parts of the application which are incomplete and indicate how the application can be made complete.
Note: Authority cited: Section 21082, Public Resources Code; Sections 62928 and 65943, Government Code. Reference: Division 13, Public Resources Code.
s 3762. Availability of Environmental Documents.
Environmental documents which have been prepared by the board, or which will be considered by the board prior to approval of a project, shall be available for public inspection upon request during normal working hours at the appropriate board office. Copies shall be made available to the general public pursuant to provisions of the California Public Records Act for actual reproduction costs.
Note: Authority cited: Section 21082, Public Resources Code; Chapter 6.5, Division 7, Title 1, Government Code, commencing with Section 6250. Reference: Section 21105, Public Resources Code.
s 3763. Public Participation and Hearings.
The board shall take appropriate action to encourage public participation and comment in the preparation and review of environmental documents. Such action may include a public hearing, a workshop or a board meeting when such is deemed necessary by the board for proper evaluation of the activity involved.
Note: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15164, 15165. Reference: Division 13, Public Resources Code.
s 3764. Charges for Preparation of Environmental Documents.
(a) The state board and the regional boards may charge and collect a reasonable fee from any person proposing a project subject to CEQA for any costs incurred in preparing an EIR or causing an EIR to be prepared.
(b) The board will estimate the cost of preparing an EIR and will send a statement of the estimated cost to the person proposing such project. The estimated cost shall be paid to the board in total prior to preparation of the EIR or in four installments in advance of specific stages of the EIR preparation. After the EIR has been completed, the board shall determine the actual cost of preparation. If the amount of the fee paid is in excess of the actual cost, such excess shall be refunded to the proper person. If the amount of the fee paid is inadequate, the remaining amount shall be due and payable to the board upon request.
Note: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15053. Reference: Section 21089, Public Resources Code.
s 3775. Applicability.
(a) This article applies only to those regulatory programs or portions thereof which are administered by the state board and each regional board and which have been certified as an exempt regulatory program by the Secretary for Resources in accordance with subdivision (c) of Public Resources Code Section 21080.5.
(b) For the regulatory program so certified by the Secretary for Resources, compliance with the provisions of this article shall be in lieu of the provisions of other articles in this subchapter.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 3776. Documentation Required for Issuance of a Permit, License, Certificate, or Other Entitlement for Use.
(a) The applicant for an entitlement for use which is issued, adopted, or prescribed pursuant to a certified regulatory program shall include, with the existing application form, the completed Environmental Information Form contained in Appendix H to the State CEQA Guidelines. Upon completion of the application form and the Environmental Information Form, the application shall be considered complete.
(b) Upon receipt of a complete application, the board shall complete the Environmental Checklist contained in Appendix A to this subchapter and prepare a written report containing the following:
(1) A brief description of the proposed activity;
(2) Reasonable alternatives to the proposed activity; and
(3) Mitigation measures to minimize any significant adverse environmental impacts of the proposed activity.
(c) Upon completion of the written report, the board shall provide a Notice of Filing of the report to the public and to any person who requests, in writing, such notification.
The board shall not take action on the proposed activity until 45 days after the Notice of Filing contained in Appendix C to this subchapter has been provided.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3777. Documentation Required for Adoption or Approval of Standards, Rules, Regulations, or Plans.
(a) Any standard, rule, regulation, or plan proposed for board approval or adoption must be accompanied by a completed Environmental Checklist contained in Appendix A to this subchapter or such other completed checklist as may be prescribed by the board, and a written report prepared for the board, containing the following:
(1) A brief description of the proposed activity;
(2) Reasonable alternatives to the proposed activity; and
(3) Mitigation measures to minimize any significant adverse environmental impacts of the proposed activity.
(b) Upon completion of the written report, the board shall provide a Notice of Filing of the report to the public and to any person who requests, in writing, such notification.
The board shall not take action on the proposed activity until 45 days after the Notice of Filing contained in Appendix C to this subchapter has been provided.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3778. Consultation.
Upon completion of the written report, the board shall consult with other public agencies having jurisdiction by law with respect to the proposed activity and should consult with persons having special expertise with regard to the environmental effects involved in the proposed activity. The board may consult with such persons by transmitting a copy of the written report or by other appropriate means.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3779. Response to Comments.
(a) The board shall prepare written responses to the comments containing significant environmental points raised during the evaluation process, if such comments are received at least fifteen days before the date the board intends to take action on the proposed activity. Copies of such written responses shall be available at the board meeting for any person to review.
(b) If the board receives written comments on the proposed activity less than fifteen days before the date the board intends to take action on the proposed activity, the board should, to the extent feasible, prepare written responses to the significant environmental points raised in such comment. For those late comments for which the board is not able to prepare written responses before the board meeting, and for those oral comments on the proposal which are made at the board meeting, the board shall orally respond to the significant environmental points raised and the substance of such responses shall be recorded in the minutes of the board meeting. Following the conclusion of the comments and the responses thereto, the board may take action on the proposed activity. The comments received, and the responses thereto, shall be included in the record of the board action on the proposed activity.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3780. Approval.
The board shall not approve a proposed activity if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the proposed activity may have on the environment.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21081, Public Resources Code.
s 3781. Notice of Decision.
After final adoption or approval of a proposed activity, the board shall file a Notice of Decision contained in Appendix B to this subchapter with the Secretary for Resources where it will be posted for public inspection for a period of not less than 30 days.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
s 3782. Exempt Regulatory Programs.
The following programs of the state board and regional boards have been certified by the Secretary for Resources as meeting the requirements of Public Resources Code Section 21080.5: The Water Quality Control (Basin)/208 Planning Program.
Note: Authority cited: Section 21082, Pubic Resources Code. Reference: Section 21080.5, Public Resources Code.
Appendix A
Environmental Checklist Form
(To Be Completed By Lead Agency)
I. BACKGROUND
1. Name of Proponent _________________________________
2. Address and Phone Number of Proponent::
______________________________________________________
______________________________________________________
3. Date of Checklist Submitted _______________________
4. Agency Requiring Checklist ________________________
5. Name of Proposal, if applicable ___________________
II. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
YES MAYBE NO 1. Earth. Will the proposal result in:
DD a. Unstable earth conditions or in changes in geologic
____ ____ ____ substructures?
b. Disruptions, displacements, compaction or over -
____ ____ ____ covering of the soil?
c. Change in topography or ground surface relief
____ ____ ____ features?
d. The destruction, covering or modification of any
____ ____ ____ unique geologic or physical features?
e. Any increase in wind or water erosion of soils,
____ ____ ____ either on or off the site?
f. Changes in deposition or erosion of beach sands, or
changes in siltation, deposition or erosion which may
modify the channel of a river or stream or the bed of
the
____ ____ ____ ocean or any bay, inlet or lake?
g. Exposure of people or property to geologic hazards
such as earthquakes, landslides, mudslides, ground
____ ____ ____ failure, or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration of ambient
____ ____ ____ air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or temperature,
____ ____ ____ or any change in climate, either locally or regionally?
3. Water. Will the proposal result in:
a. changes in currents, or the course or direction of
____ ____ ____ water movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patterns or the
____ ____ ____ rate and amount of surface water runoff?
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface water in any
____ ____ ____ water body?
e. Discharge into surface waters, or in any alteration
of surfacewater quality, including but not limited to
temp -
____ ____ ____ erature, dissolved oxygen or turbidity?
f. Alteration of the direction or rate of flow of ground
____ ____ ____ waters?
g. Change in the quantity of ground waters, either
through direct additions or withdrawals, or through
inter -
________ ____ ____ ception of an aquifer by cuts or excavations?
h. Substantial reduction in the amount of water
otherwise available for public water supplies?
i. Exposure of people or property to water related
/hazards such as flooding or tidal waves?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any
species of plants (including trees, shrubs, grass,
crops,
________ ____ ____ microflora and aquatic plants)?
b. Reduction of the numbers of any unique, rare or
endangered species of plants?
____ ____ ____ c. Introduction of new species of plants into an area,
or in a barrier to the normal replenishment of
existing
____ ____ ____ species?
d. Reduction in acreage of any agricultural crop?
5. Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers of any
species of animals (birds, land animals including
reptiles, fish and shellfish, benthic organisms,
insects or
____ ____ ____ or microfauna)?
b. Reduction of the numbers of any unique, rare or
____ ____ ____ endangered species of animals?
c. Introduction of new species of animals into an area,
or result in a barrier to the migration or movement of
____ ____ ____ animals?
____ ____ ____ d. deterioration to existing fish or wildlife habitat?
6. Noise. Will the proposal result in:
____ ____ ____ a. Increases in existing noise levels?
____ ____ ____ b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new
____ ____ ____ light or glare?
8. Land Use. Will the proposal result in a substantial
alteration of the present or planned
____ ____ ____ land use of an area?
9. Natural Resources. Will the proposal result in:
____ ____ ____ a. Increase in the rate of use of any natural resources?
b. Substantial depletion of any nonrenewable natural
____ ____ ____ resource?
10. Risk of Upset. Does the proposal involve a risk of
an explosion or the release of hazardous substances
(including, but not limited to, oil, pesticides,
chemicals or radiation) in the event of an accident or
upset
____ ____ ____ conditions?
11. Population. Will the proposal alter the location,
distribution, density, or growth rate of the human
____ ____ ____ population of an area?
12. Housing. Will the proposal affect existing housing,
____ ____ ____ or create a demand for additional housing?
13. Transportation/Circulation. Will the proposal result
in:
a. Generation of substantial additional vehicular
____ ____ ____ movement?
b. Effects on existing parking facilities,or demand for
____ ____ ____ new parking?
c. Substantial impact upon existing transportation
____ ____ ____ systems?
d. Alterations to present patterns of circulation or
movement of people and/or goods?
____ ____ ____ e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor
____ ____ ____ vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following areas:
____ ____ ____ a. Fire protection?
____ ____ ____ b. Police protection?
____ ____ ____ c. Schools?
____ ____ ____ d. Parks or other recreational facilities?
____ ____ ____ e. Maintenance of public facilities, including roads?
____ ____ ____ f. Other governmental services?
15. Energy. Will the proposal result in:
____ ____ ____ a. Use of substantial amounts of fuel or energy?
____ ____ ____ b. Substantial increase in demand upon existing sources
of energy, or require the development of new sources
of
____ ____ ____ energy?
16. Utilities. Will the proposal result in a need for
new systems, or substantial alterations to the
following utilities:
____ ____ ____ a. Power or natural gas?
____ ____ ____ b. Communications systems?
____ ____ ____ c. Water?
____ ____ ____ d. Sewer or septic tanks?
____ ____ ____ e. Storm water drainage?
____ ____ ____ f. Solid waste and disposal?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential health
____ ____ ____ hazard (excluding mental health)?
____ ____ ____ b. Exposure of people to potential health hazards?
18. Aesthetics. Will the proposal resulting the
obstruction of any scenic vista or view open to the
public, or will the proposal result in the creation of
an
____ ____ ____ aesthetically offensive site open to public view?
19. Recreation. Will the proposal result in an impact
upon the quality or quantity of existing recreational
____ ____ ____ opportunities?
20. Archeological/Historical. Will the proposal result
in an alteration of a significant archeological or
historical
____ ____ ____ site structure, object or building?
21. Mandatory Findings of Significance.
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number of restrict the range of
a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or
____ ____ ____ prehistory?
b. Does the project have the potential to achieve short-
term, to the disadvantage of long-term, environmental
goals? (A short-term impact on the environment is one
which occurs in a relatively brief, definitive period
of time while long-term impacts will endure well into
____ ____ ____ the future.)
c. Does the project have impacts which are individually
limited,but cumulatively considerable? (A project may
impact on two or more separate resources where the
impact on each resource is relatively small, but where
the effect of the total of those impacts on the
environment
____ ____ ____ is significant.)
d. Does the project have environmental effects which
will cause substantial adverse effects on human
beings,
____ ____ ____ either directly or indirectly?
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
IV. DETERMINATION
Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21000-21176, and Division 13, Public Resources Code.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
Appendix B
Notice of Decision
TO: Secretary for Resources FROM:.............
1416 Ninth Street, Room 1311 __________________
Sacramento, CA 95814 __________________
SUBJECT: Filing of Notice of Decision in Compliance with
Section 21080.5 of the Public Resources Code
Project Proponent:_____________________________________________________________
Project Title:_________________________________________________________________
Contact Person:____________________________________________ Telephone No.:____
Project Location:______________________________________________________________
Project Description:___________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
This is to advise that the __________ has made the
following determination regarding the above described
project:
The project has been: ___ approved
____ disapproved
Date Received for Filing:__________________________________ __________________
Signature of Person Filing Notice __________________
Title
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
Appendix C
Notice of Filing
TO: Any Interested Person FROM:____________
:____________
:____________
SUBJECT: Notice of Filing submitted under Section 21080.5 of
the Public Resources Code
Project Proponent:___________________________________________________________
Project Title:_______________________________________________________________
Contact Person:___________________________________________ Telephone
No.:___________
Project Location:____________________________________________________________
Project Description:_________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
This is to advise that the project proponent has filed a
report of waste discharge for waste discharge requirements
in connection with the above project. Action on this
report of waste discharge will be taken in accordance with
a regulatory program exempt under Section 21080.5 of the
Public Resources Code from the requirement to prepare an
environmental impact report under the California
Environmental Quality Act (Public Resources Code Section
21000 et seq.) and with other applicable laws and
regulations.
Date:_______________________________ _________________
Signature of
Person
Transmitting
Notice
_________________
Title
Note: Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resource Code.
s 3830. Purpose and Review of Regulations.
(a) Various laws provide for the issuance of certifications by the state board or regional boards. These regulations specify how the state board and the regional boards implement various certification programs and how the state board acts on petitions for reconsideration of certification actions or failures to act by the executive director, regional boards, and executive officers.
(b) Within five years from the effective date of these regulations, the state board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this Chapter to determine whether they should be retained, revised, or repealed.
Note: Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 174, 179, 183, 186, 1059, 13160, 13160.1, 13321, 13350 and 13396, Water Code; and Sections 44533 and 44539, Health and Safety Code.
s 3831. Definitions.
The following words (in alphabetical order), as used in this Chapter, shall have the meaning hereafter ascribed to them unless the context of their use clearly requires a different meaning:
(a) "Activity," when used in reference to water quality certification, means any action, undertaking, or project - including, but not limited to, construction, operation, maintenance, repair, modification, and restoration - which may result in any discharge to waters of the United States in California.
(b) "Application" means a written request for certification, including accompanying materials.
(c) "Applicant" normally means any individual, entity, district, organization, group, or agency submitting an application, subject to the following caveats:
(1) When a professional agent or firm submits an application on behalf of a client, the client is the applicant.
(2) The person or group financially responsible for an activity seeking a federal license or permit which may result in a discharge to waters of the United States is normally the applicant for water quality certification, but
(3) the federal agency is the applicant when the federal agency requests water quality certification for any discharge which may result from activities to be allowed by that agency under a general license or permit.
(d) "CEQA" means the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
(e) To take a "certification action" means to issue an order, signed by the proper approving official, granting or denying certification within the time period allowed for certification by the federal agency's rules.
(f) "Complete application" means:
(1) for purposes of tax certification, an application made on forms provided by EPA and that includes the appropriate fee required pursuant to Section 3833 of this Chapter;
(2) for purposes of water quality certification, an application that includes all information and items and the fee deposit required pursuant to Sections 3833 and 3856 of this Chapter;
(3) for purposes of pollution control certification, an application that includes all information, items, and fees required pursuant to Sections 3833 and 3863 of this Chapter; and
(4) notwithstanding the specific definitions in Subsections (f)(1) through (f)(3) of this Section, any application for certification for a development project for which the application is deemed complete pursuant to the Permit Streamlining Act (Government Code Section 65920 et seq.).
(g) "CFR" means the Code of Federal Regulations.
(h) "Denial without prejudice" means an inability to grant certification for procedural rather than substantive reasons. This form of denial carries with it no judgement on the technical merits of the activity or compliance of any discharge with water quality standards. A certifying agency may reconsider a revised application package which corrects the procedural problems that caused the original denial without prejudice.
(i) "EPA" means the United States Environmental Protection Agency.
(j) "Executive director" means the chief administrative officer of the state board or the executive director's designee.
(k) "Executive officer" means the chief administrative officer of a regional board.
( l ) "Federal agency" means, for purposes of water quality certification:
(1) the federal agency responsible for issuing a license or permit for an activity resulting in a possible discharge for which an application for certification is submitted, or
(2) a federal agency applying for water quality certification (see definition of "applicant").
(m) "FERC" means the Federal Energy Regulatory Commission.
(n) "Pollution control certification" means a certification that a project will further comply with federal, state or local pollution control standards and requirements and is eligible for financing under the California Pollution Control Financing Authority Act (Health and Safety Code, Division 27, commencing with Section 44502).
(o) "Regional board" means a California Regional Water Quality Control Board.
(p) "Standard certification" means a water quality certification subject only to the conditions specified in Section 3860 of this Chapter.
(q) "State board" means the State Water Resources Control Board.
(r) "Tax Certification" means a certification that a treatment facility qualifies as a certified pollution control facility within the meaning of Section 169 of the Internal Revenue Code of 1954.
(s) "USC" means United States Code.
(t) "Water Code" means the California Water Code.
(u) "Water quality certification" means a certification that any discharge or discharges to waters of the United States, resulting from an activity that requires a federal license or permit, will comply with water quality standards and other appropriate requirements.
(v) "Water quality standards and other appropriate requirements" means the applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act (33 USC Sections 1311, 1312, 1313, 1316, 1317), and any other appropriate requirements of state law.
(w) "Waters of the United States" meanssurface water and water bodies as defined by EPA regulations (e.g., 40 CFR Section 122.2). All waters of the United States in California are also "waters of the state" (defined by the Porter-Cologne Water Quality Control Act as "any surface water or ground water, including saline waters, within the boundaries of the state." [Water Code Section 13050(e)]). Not all waters of the state (e.g., ground water) are waters of the United States. (continued)