Loading (50 kb)...'
(continued)
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2056. Subpoenas.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2057. Conduct of Hearing.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2058. Additional Parties.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2059. Evidence Rules.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2059.1. Review of Septic Tank Prohibitions.
Whenever the board reviews waste discharge requirements which include a determination that the discharge of waste from existing or new individual disposal systems or from community collection and disposal systems which utilize subsurface disposal shall not be permitted, evidence of alternatives shall be considered by he board as provided in Subchapter 9.1, Article 2 of this chapter.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13283, Water Code.
s 2060. Official Notice.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2061. Order of Testimony.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2062. Cross-Examination.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2063. Oral Argument.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2064. Record.
When a state board hearing is held the decision of the state board will be based on that evidence and testimony in the record of the hearing. When no hearing is held, the decision of the state board will be based on the record before the regional board. Except that in either case the record may be supplemented by any other evidence and testimony accepted by the state board pursuant to Section 2050.6. Upon the close of a hearing, the presiding officer may keep the hearing record open for a definite time, not to exceed thirty days, to allow any party to file additional exhibits, reports or affidavits.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2065. Informal Disposition.
Informal disposition may be made of any petition by stipulation, agreed settlement, consent or default. However, any such disposition will not become effective until acted upon by the state board in a public meeting.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2066. Workshop Meeting.
(a) The state board may discuss a proposed order in response to a petition for review of an action of a regional water quality control board in a public workshop meeting prior to formal action at a board meeting. Comments may be submitted in writing prior to the workshop meeting. At the workshop meeting, the state board may invite comments on the proposed order from interested persons. All comments shall be based solely upon evidence contained in the record or upon legal argument.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2067. Formal Disposition.
Unless denied by the executive director pursuant to section 2052(b), formal disposition by the state board of any pending petition will be taken at a regularly or specially scheduled board meeting. At the meeting the board may invite comments on the matter from interested persons. These comments shall be based solely upon evidence contained in the record or legal argument.
No new evidence shall be submitted at the state board meeting. Written arguments submitted after the workshop meeting shall be limited to revisions to the proposed order that was considered by the state board at the workshop meeting. Such written arguments shall be filed at least two working days prior to the state board meeting, unless otherwise specified by the state board.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2068. Notice of Right to Petition.
Each regional board shall inform persons attending each of its business meetings of the right to petition the state board to review an action or inaction of the regional board and of the availability of copies of the state board's regulations regarding such petitions. This announcement may be made orally or by printing in the regional board's agenda or both.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
Note: Authority cited: Sections 1058, 13962(g), 13976(h), 13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section 13955), Chapter 13 (commencing with Section 13970), Chapter 14 (commencing with Section 13985), Division 7, Water Code.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13600, Water Code.
s 2200. Annual Fee Schedules.
Each person for whom waste discharge requirements have been prescribed pursuant to section 13263 of the Water Code shall submit, to the State Board, an annual fee in accordance with the following schedules. The fee shall be submitted for each waste discharge requirement order issued to that person.
An Ambient Water Monitoring (AWM) surcharge will be added to each individual fee. The AWM surcharge for all discharges pursuant to section (a) Non- National Pollutant Discharge Elimination System (NPDES) and (c) Confined Animal Facilities (CAF) is 9% of the calculated fee; the surcharge for all discharges pursuant to section (b) NPDES is 18.5% of the calculated fee. The surcharge shall be applied to all permits prior to other surcharges prescribed herein.
(a) Non-NPDES fees: Annual fees for persons issued waste discharge requirement orders for discharges to land under the Waste Discharge Requirements [FN1] or surface waters not covered by a NPDES permit and Land Disposal [FN2] Programs, shall be based on the discharge's fee rating according to the following schedule, plus applicable surcharge(s), except as provided in subdivisions (a)(2) and c.
Annual Fee Schedule for Discharges to Land
Threat to Water Complexity Regulatory Programs
Quality (CPLX) Waste Discharge Land
(TTWQ) Requirements [FN1] Disposal [FN2]
1 A $41,800 $26,000 [FN3]
1 B $26,400 $21,000
1 C $14,245 $13,500
2 A $9,515 $11,250
2 B $5,720 $9,000
2 C $4,290 $6,750
3 A $3,380 $4,500
3 B $1,800 $3,375
3 C $800 $1,500
Non-NPDES Land Disposal Program dischargers issued Waste Discharge Requirements shall receive a one-time credit in the fiscal year 2005/06 billing to adjust to the revenue levels set forth in the budget act for this activity.
(1) Threat to water quality TTWQ and complexity CPLX of the discharge is assigned by the Regional Board in accordance with the following definitions:
Threat to Water Quality
Category "1" - Those discharges of waste that could cause the long-term loss of a designated beneficial use of the receiving water. Examples of long-term loss of a beneficial use include the loss of drinking water supply, the closure of an area used for water contact recreation, or the posting of an area used for spawning or growth of aquatic resources, including shellfish and migratory fish.
Category "2" - Those discharges of waste that could impair the designated beneficial uses of the receiving water, cause short-term violations of water quality objectives, cause secondary drinking water standards to be violated, or cause a nuisance.
Category "3" - Those discharges of waste that could degrade water quality without violating water quality objectives, or could cause a minor impairment of designated beneficial uses as compared with Category 1 and Category 2.
Complexity
Category "A" - Any discharge of toxic wastes, any small volume discharge containing toxic waste or having numerous discharge points or ground water monitoring, or any Class 1 waste management unit.
Category "B" - Any discharger not included above that has physical, chemical, or biological treatment systems (except for septic systems with subsurface disposal), or any Class 2 or Class 3 waste management units.
Category "C" - Any discharge for which waste discharge requirements have been prescribed pursuant to Section 13263 of the Water Code not included as a Category "A" or Category "B" as described above. Included would be discharges having no waste treatment systems or that must comply with best management practices, discharges having passive treatment and disposal systems, or dischargers having waste storage systems with land disposal.
(2) Dredge and Fill Operation fees shall be assessed as follows, not to exceed $40,000, plus applicable surcharge(s) [FN4].
Type of Discharge Fees
(i) Fill & Excavation [FN5] Discharges. $500 Base
Price +
Size of the area as expressed in hundreths of (Discharge
area in
acres (0.01 acre) (436 square feet) rounded up. hundreths of
an acre
x $21.50)
(ii) Dredging Discharges [FN6] $500 Base
Price +
Dredge volume expressed in Cubic Yards. (Dredge volume
in
cubic yards x $0.08)
(iii) Channel and Shoreline Discharges $500 Base
Price +
Includes linear discharges to drainage features and (Discharge
length in
shorelines, e.g., bank stabilization, revetment and feet x $5.00)
channelization projects. (Note): The fee for channel
and shoreline linear discharges will be assessed
under the "Fill and Excavation" or "Channel and
Shoreline" schedules, whichever results in the higher fee.
(iv) Discharges to Non-federal (e.g. "Isolated") Waters. Double the
Discharges to waters or portions of waterbodies applicable fee
not regulated as "waters of the United States", including schedules
except
waters determined to be "isolated" pursuant to the for (vi)
restoration
findings of Solid Waste Agency of Northern Cook projects
County v. U.S. Army Corps of Engineers(2001) 121 S.
Ct. 675.
(v) Low Impact Discharges. $500 Flat fee.
Projects may be classified as low impact discharges if
they meet all of the following criteria:
1. The discharge size is less than all of the following:
(a) for fill, 0.1. acre, and 200 linear feet, and (b) for
dredging, 25 cubic yards.
2. The discharger demonstrates that: (a) all practicable
measures will be taken to avoid impacts, (b) where
unavoidable temporary impacts take place, waters and
vegetation will be restored to pre-project conditions as
quickly as practicable, and (c) where unavoidable
permanent impacts take place, there will be no net loss
of wetland, riparian area, or headwater functions,
including onsite habitat, habitat connectivity, floodwater
retention, and pollutant removal.
3. The discharge will not do any of the following:
(a) directly or indirectly destabilize a bed of a receiving
water, (b) contribute to significant cumulative effects,
(c) cause pollution, contamination, or nuisance,
(d) adversely affect candidate, threatened, or endangered
species, (e) degrade water quality or beneficial uses,
(f) be toxic, (g) include "hazardous" or "designated"
material.
4. Discharge is to be a waterbody regulated as "Waters
of the United States".
(vi) Restoration Projects. $500 Flat fee
Projects funded or sponsored by a government program
with the primary purpose of restoring or enhancing the
beneficial uses of water. This schedule does not apply to
projects required under a regulatory mandate or to
projects undertaken primarily for some other
non-restorative purpose, e.g., land development.
(vii) General Orders $60 Flat fee
Projects which are required to submit notification of a
proposed discharge to the State and/or Regional Board
as a condition of compliance with a general waste discharge
requirement associated with permitting discharges authorized
by a federal general permit or license, e.g., a U.S. Army Corps
of Engineers nationwide permit.
(b) NPDES fees: Annual fees for persons issued permits for discharges to surface waters pursuant to the program, except CAFs, shall be based on the following schedules.
(1) Each public entity that owns and/or operates a storm water conveyance system, or part of such a system, that is subject to a NPDES permit for storm water discharges from a municipal separate storm sewer system (MS4) shall pay an annual fee according to the following schedule, plus applicable surcharge(s). The fee shall be based on the population of the public entity according to the most recently published United States Census. For public entities other than cities or counties, the population figure shall be the number of people using the entity's facilities on a daily basis. Flood control districts or other special districts named as co-permittees to MS4 permits and school districts, serving students between kindergarten and fourteenth grade, shall not pay an annual fee if the city or county within whose jurisdiction the district lies, pays an annual fee.
Annual Fee Schedule for Areawide Municipal Storm Water Sewer System Permits and
Co-Permittees
Population equal to or greater than 250,000 $25,000
Population between 200,000 and 249,999 $21,875
Population between 150,000 and 199,999 $18,875
Population between 100,000 and 149,999 $15,625
Population between 75,000 and 99,999 $12,500
Population between 50,000 and 74,999 $ 9,375
Population between 25,000 and 49,999 $ 6,250
Population between 10,000 and 24,999 $ 3,750
Population between 1,000 and 9,999 $ 2,500
Less than 1,000 population $ 1,250
Statewide Permit Holders $100,000
(2)(A) Facilities that discharge storm water associated with industrial activities that are regulated by a State Board or Regional Board general NPDES storm water permit shall pay an annual fee of $700, plus applicable surcharge(s). An amount equal to the fee prescribed shall be submitted with the discharger's Notice of Intent (NOI) to be regulated under a general NPDES permit and will serve as the first annual fee. For the purposes of this section, an NOI is considered to be a report of waste discharge.
(B) Facilities that satisfy the conditions of a State Board certified Quality Assurance Program, adopted as part of a general NPDES storm water permit or by special resolution of the State Board, may receive up to a 50 percent fee reduction.
(3) Storm water discharges associated with construction activities that are regulated by a general NPDES storm water permit other than those covered under (b)(4), including those issued by a Regional Board, shall pay an annual fee of $200 plus $20 per acre, to a maximum fee of $2,200, plus any applicable surcharge, based on the total acreage to be disturbed during the life of the project as listed on the NOI. An amount equal to the fee prescribed shall be submitted with the discharger's NOI to be regulated under a general NPDES permit and will serve as the first annual fee. For the purposes of this section, an NOI is considered to be a report of waste discharge.
(4) Storm water discharges associated with small linear underground and overhead construction projects, that include but are not limited to, any conveyance, pipe or pipeline for the distribution of any gaseous liquid (including water for domestic municipal services or wastewater), liquescent, or slurry substance; any cable line or wire for the transmission of electrical energy; and any cable line or wire for communications, that are regulated by a general NPDES storm water permit are subject to the following annual fees, plus applicable surcharge(s):
Tier 1 -$5,000 for each region in which activities subject to the permit are conducted, or
Tier 2 -A fee as prescribed by (b)(3), based on the area covered by the project.
Storm water construction, industrial and linear activities that are regulated by an NPDES storm water general permit and public entities that own and/or operate a storm water conveyance system, or part of such a system, that is subject to a NPDES permit for storm water discharges from a municipal separate storm sewer system (MS4) shall receive a one-time credit in the fiscal year 2005/06 billing to adjust to the revenue levels set forth in the budget act for this activity.
(5) Discharges associated with mosquito and vector control activities that are regulated by an individual or general NPDES permit adopted exclusively for these purposes, including those issued by a Regional Board, shall pay a fee of $100. A mosquito and vector control activity involves discharge of pesticides into a designated area for the maintenance and control of mosquito larva for the protection of public health from the outbreak of lethal diseases. A mosquito and vector control agency discharges pesticides into surface waters for the control of mosquito larva. Dischargers filing an application for a mosquito and vector control permit shall pay a fee of $100. The fee shall be paid each time an application for initial certification or renewal is submitted. Mosquito and vector control fees are not subject to ambient water monitoring surcharges.
(6) All other NPDES permitted discharges with permitted flows of less than 100 million gallons per day (mgd) except as provided in (b)(6), (b)(7), (b)(8), (b)(9) and c, shall pay a fee according to the following formula:
Fee = $1,000 plus 3418 multiplied by the permitted flow, in mgd, to the maximum plus any applicable surcharge(s).
The maximum fee for NPDES permitted industrial discharges [FN7] is $35,000, plus any applicable surcharge(s). NPDES permitted industrial discharges with a Threat/complexity [FN8] rating of 1A, 1B or 1C are subject to a surcharge as follows:
Threat /Category 1C - $5,000
Threat /Category 1B - $10,000
Threat /Category 1A - $15,000
The maximum fee for NPDES permitted public wastewater treatment facilities is $50,000, plus applicable surcharge(s). Public wastewater treatment facilities with approved pretreatment programs are subject to a surcharge of $10,000. Agencies with multiple facilities under one approved pretreatment program shall pay a $10,000 surcharge per program.
(7) All NPDES discharges with permitted flows of 100 mgd or greater shall pay a fee of $100,000, plus applicable surcharges. The fee shall be based on permitted effluent flow specified in the discharge permit, except as provided in (b)(7), (b)(8) and (b)(9). NPDES permitted industrial discharges with a threat/complexity rating of 1A, 1B, or 1C are subject to a surcharge as specified in (b)(6). If there is no permitted effluent flow specified, the fee shall be based on the designed flow of the facility.
(8)(A) Flow for wet weather municipal facilities will be based on the previous five years actual monthly average flow, as of the date the permit is issued. Wet weather municipal facilities are intermittently operated facilities that are designed specifically to handle flows during wet weather conditions. The actual monthly average flow is defined as the average of the flows during each of the months that the discharge occurred during the previous five-year period.
(B) Notwithstanding paragraph 1, the minimum annual fee for wet weather municipal facilities shall be $20,000.
(9)(A) Discharges associated with aquaculture activities that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee based on the categories listed in (b)(9), as determined by the Regional Board. An aquaculture activity (as defined in Chapter 40, Section 122.25(b) of the Code of Federal Regulations) is a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. The definition for purposes of this fee category includes fish hatcheries.
(B) Discharges associated with geothermal facilities, where water quality objectives are not likely to be exceeded or where beneficial uses are fully protected, that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee based on the categories listed in (b)(9), as determined by the Regional Board. A geothermal facility is an entity that utilizes, extracts, or produces energy from geothermal fluids for heating, generating power, or other beneficial uses, and discharges geothermal fluids to surface water.
(C) De minimis discharges that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee based on the categories listed in (b)(9), as determined by the Regional Board. De minimis discharge activities include the following: evaporative condensate; swimming and landscape pool drainage; discharges from fire hydrant testing or flushing; discharges resulting from construction dewatering; discharges associated with supply well installation, development, test pumping, and purging; discharges resulting from the maintenance of uncontaminated water supply wells, pipelines, tanks, etc.; discharges resulting from hydrostatic testing of water supply vessels, pipelines, tanks, etc.; discharges resulting from the disinfection of water supply pipelines, tanks, reservoirs, etc.; discharges from water supply systems resulting from system failures, pressure releases, etc.; discharges of non-contact cooling water, not including steam/electric power plants; discharges resulting from diverted stream flows; water treatment plant discharges; and other similar types of wastes that have low pollutant concentrations and are not likely to cause or have a reasonable potential to cause or contribute to an adverse affect on the beneficial uses of receiving waters yet technically must be regulated under an NPDES permit.
(D) All other NPDES general permits.
(10) Discharges that fall within the categories specified in (b)(9) or that are regulated by a general NPDES permit (excluding storm water permits), shall pay a fee as follows, plus applicable surcharge(s):
Category 1 - Discharges that require treatment systems to meet priority toxic pollutant limits and that could impair beneficial uses if limits are violated: $4,800.
Category 2 - Discharges that require treatment systems to meet non-priority pollutant limits, but are not expected to impair beneficial uses if limits are violated: $2,900. (Examples of non-priority pollutants include, but are not limited to, nutrients, inorganic compounds, pH, and temperature).
Category 3 - Discharges that require minimal or no treatment systems to meet limits and pose no significant threat to water quality: $1,000.
(c) Confined Animal Facilities fees: Whether regulated by a WDR or a NPDES permit, dischargers who own or operate CAF, including dairies, shall pay a fee based on the following schedules plus applicable surcharge(s).
FEEDLOTS
TYPE OF FACILITY FEE
Cattle or cow/calf pairs
Number of animals
100,000 or more $3,000
10,000 to 99,999 $1,500
5,000 to 9,999 $800
1,000 to 4,999 $400
Less than 1,000 $200
Calves
10,000 or more $3,000
5,000 to 9,999 $1,500
1,000 to 4,999 $800
300 to 999 $400
Less than 300 $200
Heifers (not at a dairy)
10,000 or more $3,000
5,000 to 9,999 $1,500
1,000 to 4,999 $800
300 to 999 $400
Less than 300 $200
Finishing Yards/Auction Yards
1,000 or more $800
300 to 999 $400
Less than 300 $200
DAIRIES
TYPE OF FACILITY FEE
Mature dairy cattle
Number of animals
3,000 or more $4,000
1,500 to 2,999 $2,500
700 to 1,499 $1,200
300 to 699 $600
Less than 300 $300
Goat Dairies
1,000 or more $400
Less than 1,000 $200
HOGS
Swine (> 55 pounds)
5,000 or more $1,500
2,500 to 4,999 $800
750 to 2,499 $400
Less than 750 $200
Swine (< 55 pounds)
20,000 or more $1,500
10,000 to 19,999 $800
3,000 to 9,999 $400
Less than 3,000 $200
OTHER
Horses
500 or more $800
150 to 499 $400
Less than 150 $200
Sheep or Lambs
10,000 or more $800
3,000 to 9,999 $400
Less than 3,000 $200
POULTRY
Number of Animals On-Site Discharge Fee Off-Site Discharge
Fee
Layers or Broilers (liquid manure
system)
120,000 or more $2,000 $700
60,000 to 119,999 $1,000 $500
30,000 to 59,999 $750 $350
9,000 to 29,999 $400 $200
Less than 9,000 $200 $0
Non-layers (other than liquid manure
system)
500,000 of more $2,000 $700
250,000 to 499,999 $1,000 $500
125,000 to 249,999 $750 $350
37,500 to 124,999 $400 $200
Less than 37,500 $200 $0
Layers (other than liquid manure
system)
350,000 or more $2,000 $700
165,000 to 349,999 $1,000 $500
82,000 to 164,999 $750 $350
25,000 to 81,999 $400 $200
Less than 25,000 $200 $0
Ducks (other than liquid manure
system)
120,000 or more $2,000 $700
60,000 to 119,999 $1,000 $500
30,000 to 59,999 $750 $350
10,000 to 29,999 $400 $200
Less than 10,000 $200 $0
Ducks (liquid manure system)
20,000 or more $1,000
5,000 to 19,999 $750
1,500 to 4,999 $400
Less than 1,500 $200
Turkeys
200,000 or more $2,000 $700
100,000 to 199,999 $1,000 $500
55,000 to 99,999 $750 $350
16,500 to 54,999 $400 $200
Less than 16,500 $200 $0
(1) Facilities that are certified under a quality assurance program approved by the State Board or under a County regulatory program approved by the appropriate Regional Board, will receive a 50 percent fee reduction.
(2) Facilities that pose no potential to discharge, as determined by a Regional Board, shall pay a fee of $200. The fee shall be paid each time an application for initial certification or renewal is submitted and shall not be subject to ambient water monitoring surcharges.
__________
[FN1] Waste Discharge Requirements (WDRs) are those discharges of waste to land that are regulated through waste discharge requirements issued pursuant to Water Code Section 13263 and that do not implement the requirements of Title 27 of the California Code of Regulations (CCR). Examples include, but are not limited to, wastewater treatment plants, erosion control projects, and septic tank systems.
Municipal and domestic discharges of less than 50,000 gallons per day in category 2-B, 2-C, 3-B and 3-C will receive a 50% fee discount. Municipal and domestic discharges receiving the discount are defined as facilities that treat domestic wastewater or a mixture of wastewater that is predominantly domestic wastewater. Domestic wastewater consists of wastes from bathroom toilets, showers, and sinks, from residential kitchens, and from residential clothes washing. It does not include discharges from food preparation and dish washing in restaurants or from commercial laundromats.
[FN2] Land Disposal WDRs are those discharges of waste to land that are regulated through waste discharge requirements issued pursuant to Water Code Section 13263 and that implement the requirements of CCR Title 27. Examples include, but are not limited to both active and closed landfills and surface impoundments.
[FN3] A surcharge of $12,000 will be added for Class I Landfills. Class I landfills are those that, during the time they are, or were, in operation, are so classified by the RWQCB under 23 CCR Chapter 15, have WDRs that allow (or, for closed units, allowed) them to receive hazardous waste, and have a permit issued by the Department of Toxic Substance Control under 22 CCR Chapter 10, s66270.1 et seq.
[FN4] When a single project includes multiple discharges within a single dredge and fill fee category, the fee for that category shall be assessed based on the total area, volume, or length of discharge (as applicable) of the multiple discharges. When a single project includes discharges that are assessed under multiple fee categories, the total fee shall be the sum of the fees assessed under each applicable fee category; however a $500 base fee, if required, shall be charged only once. Fees shall be based on the largest discharge size specified in the original or revised report of waste discharge or water quality certification application, or as reduced by the applicant without any SWRCB/RWQCB intervention. If water quality certification is issued in conjunction with waste discharge requirements (WDRs) or is issued for a discharge regulated under preexisting WDRs, the current annual WDR fee as derived from this dredge and fill fee schedule shall be paid in advance during the application for water quality certification, and shall comprise the fee for water quality certification.
[FN5] "Excavation" refers to moving sediment or soil in shallow waters or under no-flow conditions where impacts to beneficial uses are best described by the area of the discharge. It typically is done for purposes other than navigation. Examples include trenching for utility lines, other earthwork preliminary to construction, and removing sediment to increase channel capacity.
[FN6] Includes aggregate extraction within stream channels where the substrate is composed of course sediment (e.g., gravel) and is reshaped by normal winter flows (e.g., point bars), where natural flood disturbance precludes establishment of significant riparian vegetation, and where extraction timing, location and volume will not cause changes in channel structure (except as required by regulatory agencies for habitat improvement) or impair the ability of the channel to support beneficial uses.
[FN7] NPDES permitted industrial discharger(s) means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category "Division D - Manufacturing" and such other classes of significant waste producers as, by regulation, the U.S. EPA Administrator deems appropriate. (33 USC Sec. 1362).
[FN8] Threat/complexity categories are listed on page 2 of this document titled "THREAT TO WATER QUALITY."
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
s 2200.1
The State Board shall notify each discharger annually of the fee to be submitted, the basis upon which the fee was calculated, and the date upon which the fee is due.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
s 2200.2
Persons proposing a new discharge shall submit to the Regional Board a report of waste discharge accompanied by a fee equal in amount to the annual fee based on the discharge's TTWQ and CPLX as specified in subsection (a)(2). This fee shall serve as the first annual fee. If the submittal of this first annual fee does not coincide with the current fiscal year billing cycle, then the next, and only the next, fiscal year billing shall be adjusted to account for the payment of a full annual fee that accompanied the discharger's report of waste discharge. Persons proposing a material change in an existing discharge are not required to submit a fee with the report of waste discharge.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
s 2200.3
Failure to pay the annual fee is a misdemeanor and will result in the Regional Board seeking the collection of fees through the enforcement provisions provided pursuant to Water Code section 13261.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
s 2200.4
Any refund made pursuant to section 13260(e) or for any other reason, shall withhold sufficient funds to cover actual staff time spent in reviewing the report of waste discharge which shall be calculated using a rate of $50.00 per hour.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
s 2200.5. No Exposure Certification.
Dischargers filing an application for a No Exposure Certification (NEC) shall pay a fee of $200 for each facility for which an application is submitted, as prescribed in a general industrial storm water permit. The fee shall be paid each time an application for initial certification or renewal is submitted. NEC fees are not subject to ambient water monitoring surcharges.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260.2, Water Code.
s 2200.6. Annual Waiver Fee Schedules.
(a) Any person for whom waste discharge requirements have been waived pursuant to section 13269 of the Water Code shall submit an annual fee to the State Water Board if a fee is specified for the waiver in this section.
No Ambient Water Monitoring surcharge shall apply to annual fees for waivers as specified in this section.
(b) Annual fees for waivers for discharges from agricultural land adopted by the Regional Water Quality Control Boards for the Central Coast, Central Valley, or Los Angeles Regions shall be $100 per farm plus $0.30 per acre of land. [FN9] If a discharger is a member of a group that has been approved by the State Water Resources Control Board to manage fee collection and payment, then the fee shall be $100 per group plus $0.12 per acre of land. If a discharger is a member of a group that has been approved by the State Water Resources Control Board but that does not manage fee collection and payment, then the fee shall be $100 per farm plus $0.20 per acre of land.
(c) For purposes of this section, the word "farm" and the word "discharger" refer to any person who is subject to Order No. R3-2004-0117 issued by the Central Coast Regional Water Quality Control Board, Order No. R4-2005-xxxx issued by the Los Angeles Regional Water Quality Control Board, [FN10] or Order No. R5-2003-0105 issued by the Central Valley Regional Water Quality Control Board.
_________
[FN9] As used in this section, the acreage on which the fee is based refers to the area that has been irrigated by the farmer or discharger at any time in the previous five years.
[FN10] The Los Angeles Regional Water Board has not adopted its Order as of the date this regulation was adopted. This section shall apply to the proposed Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Land, now proposed for adoption in Summer 2005. This fee schedule will apply to those farms and dischargers as soon as the Regional Water Board approves its order.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13269, Water Code.
s 2201. Special Fees for Discharge of Hazardous Waste to Surface Impoundments.
(a) Any person discharging any liquid hazardous waste or hazardous waste containing free liquids into a surface impoundment on or after January 1, 1985, including any discharger applying for an exemption pursuant to Health and Safety Code Sections 25208.4, 25208.5, or 25208.13 or any discharger filing a Hydrogeologic Assessment Report (HAR) pursuant to Health and Safety Code Section 25208.8 shall pay the fees prescribed in Subsections (b), (c), and (d) of this section.
(b) On or before January 1, 1986, dischargers subject to Subsection (a) of this section shall pay an initial fee calculated as follows:
$1,500 for each facility with one or more surface impoundments plus, $150 for each additional surface impoundment at each facility. [FN1]
(c)(1) On or before July 1, 1986, and before July 1 of each year thereafter, dischargers subject to Subsection (a) of this section shall pay an annual fee for each facility with one or more surface impoundments, plus a surcharge of ten percent (10%) of the facility fee for each additional surface impoundment at each facility.
(2) The amount of the annual facility fee for each fiscal year, starting with the fiscal year which begins on July 1, 1986, shall be set by the State Board on or before May 1, of each year and dischargers shall be notified on or before June 1 of the amount payable.
(3) The annual facility fee shall not exceed $4,500.
(d) If actual costs incurred by the State Board and regional boards to administer the provisions of Article 9.5 of Chapter 6.5 of Division 20 of the Health and Safety Code at any facility exceed the fees paid by the discharger responsible for the facility pursuant to Sections (b) and (c) of this section, the State Board shall bill the discharger for any balance due.
[FN1] Example: Facility with single surface impoundment: $1,500
[FNFacility] with two surface impoundments: $1,650
[FNTwo] facilities, each with single surface impoundment: $3,000
[FNTwo] facilities, each with two surface impoundments: $3,300
(e) Any discharger subject to this section who undertakes removal or remedial actions pursuant to administrative enforcement orders issued by a regional board or the State Board under the authority of or in furtherance of the purposes of Section 25208.6 of the Health and Safety Code, or pursuant to a judicial order implementing Section 25208.6 of the Health and Safety Code, shall be liable for all reasonable costs incurred by the State Board and regional boards for investigation and cleanup oversight in accordance with State Administrative Manual Section 8755.1. The State Board shall bill dischargers for any costs accrued under this subsection. Costs assessed and payable under this subsection are separate from fees due under Subsection (a) of this section.
(f) If the full amount of any fee or cost payable under this section is not received by the due date as set in Subsections (b) and (c) of this section or in the bill sent to the discharger pursuant to Subsections (d) and (e) of this section, the discharger shall pay a penalty of one percent (1%) of the unpaid fee for each day of delinquency, up to a maximum penalty of one hundred percent (100%) of the unpaid fee.
(g) The State Board and the regional boards shall maintain site-specific records documenting the cost of reviewing and analyzing HARs and performing all other duties required in the administration of Article 9.5 of Chapter 6.5 of Division 20 of the Health and Safety Code including any action and proceedings of a regional board or the State Board with regard to any petition filed pursuant to Health and Safety Code Section 25208.12. These data will be used to determine costs associated with each facility. In determining the costs to be billed to dischargers under Subsections (d) or (e) of this section, the State Board will allow credit for all payments made pursuant to Subsections (b) and (c) of this section prior to the date of billing. Costs assessed to dischargers under this subsection shall include only those costs incurred for implementation of Article 9.5 of Chapter 6.5 of Division 20 of the Health and Safety Code. Costs will be determined in accordance with State Administrative Manual Section 8755.1. Dischargers shall not be billed for tasks funded through other programs.
(h) A discharger subject to this section who closes a surface impoundment on or before the deadlines in Sections 25208.4 and 25208.5 of the Health and Safety Code shall not be required to pay annual fees pursuant to Subsection (c) of this section after closure of the impoundment, but shall be liable for actual costs incurred to review the HAR for the closed impoundment to be assessed pursuant to Subsection (d) of this section.
(i) Any discharger applying for a renewal of an exemption pursuant to Health and Safety Code Sections 25208.4, 25208.5, and 25208.13 shall pay for the actual costs of processing the application for renewal pursuant to Subsection (d) of this section.
(j) "Surface impoundment" does not include underground containers, such as sumps and tanks, which are constructed entirely of artificial materials, such as reinforced concrete, metal, or fiberglass, and which have independent structural integrity (i.e., the container will not collapse or crack if surrounding earthen materials shift, settle, or are removed).
Note: Authority cited: Section 25028.3, Health and Safety Code. Reference: Section 25028.3, Health and Safety Code.
s 2205. Preliminary Procedures.
Each waste discharge report together with the required filing fee shall be submitted to the appropriate regional board on forms supplied by the board. Relevant supplemental information as required by the board shall also be provided. The report shall contain all the available information required by the form and shall be sworn to or submitted under penalty of perjury. The board shall determine the adequacy of a report and fee within the time limits set forth in Government Code Section 65943. Pursuant to Section 13260 of the Water Code, the board may waive the filing of a report, in which case it will notify the sender and return any fee that has been paid.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13260, Water Code.
s 2206. Effective Filing Date.
When the discharger has submitted all the information required by the regional board and the full fee that is due, the report will be deemed filed. The discharger will be notified to that effect.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260(d), Water Code.
s 2207. Criteria for Filing Reports.
Separate reports shall be filed for discharges to different disposal areas. One report may include two or more discharges by the same person to the same disposal area unless in the judgment of the regional board separate reports should be filed.
s 2208. Projects Deemed Approved.
(a) Whenever a project is deemed approved pursuant to Government Code Section 65956, due to a regional board failure to act on a report of waste discharge, the applicant may discharge waste as proposed in the report of waste discharge until such time as the regional board adopts waste discharge requirements applicable thereto. No such discharge of waste shall create a vested right to continue such discharge.
(b) The regional board shall adopt appropriate waste discharge requirements pursuant to California Water Code Section 13263 or waive the adoption of such requirements pursuant to Section 13269 as soon as possible for any project deemed approved pursuant to Government Code Section 65956.
(c) No application for waste discharge requirements pursuant to Chapter 5.5 of Division 7, California Water Code, shall be subject to the time limits specified in Government Code Title 7, Chapter 4.5, Article 5.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13263 and 13377, Water Code.
s 2210. Definition of a Material Change.
A material change in the character, location, or volume of the discharge requiring a waste discharge report includes, but is not limited to, the following:
(a) Addition of a major industrial waste discharge to a discharge of essentially domestic sewage, or the addition of a new process or product by an industrial facility resulting in a change in the character of the waste.
(b) Significant change in disposal method, e.g., change from a land disposal t a direct discharge to water, or change in the method of treatment which would significantly alter the characteristics of the waste.
(c) Significant change in the disposal area, e.g., moving the discharge to another drainage area, to a different water body, or to a disposal area significantly removed from the original area potentially causing different water quality or nuisance problems.
(d) Increase in flow beyond that specified in the waste discharge requirements.
(e) Increase in area or depth to be used for solid waste disposal beyond that specified in the waste discharge requirements.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13260, 13263 and 13264, Water Code.
s 2230. Monitoring Program Reports.
(a) The results of any monitoring shall be reported to the regional board as specified in the waste discharge requirements, but in no case less than once per year.
(b) The regional board may require the discharger to submit an annual report summarizing the monitoring data for the previous year.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13165 and 13267, Water Code.
s 2231. Time Schedules.
(a) Time schedules should be included in requirements for existing discharges when it appears that the discharger cannot immediately meet the requirements.
(b) Time schedules shall not permit any unnecessary time lag, and periodic status reports should be required.
(c) Time schedules should include only dates for complete design, complete financial arrangements, start of construction, 50 percent completion of work, and full compliance with requirements.
(d) Time schedules should be periodically reviewed and should be updated, when necessary, to assure the most rapid compliance.
s 2232. Ensuring Adequate Capacity.
(a) Whenever a regional board finds that a publicly owned wastewater treatment plant will reach capacity within four years, the board shall notify the discharger. Such notification shall inform the discharger that the regional board will consider adopting a time schedule order pursuant to Section 13300 of the Water Code or other enforcement order unless the discharger can demonstrate that adequate steps are being taken to address the capacity problem. The notification shall require the discharger to submit a technical report to the regional board within 120 days showing how flow volumes will be prevented from exceeding existing capacity or how capacity will be increased. A copy of such notification shall be sent to appropriate local elected officials, local permitting agencies and the press. The time for filing the required technical report may be extended by the regional board. An extension of 30 days may be granted by the executive officer. Longer extensions may be granted by the regional board itself.
(b) The required technical report shall be reviewed, approved and jointly submitted by all planning and building departments having jurisdiction in the area served by the waste collection, treatment, or disposal facilities.
(c) Public participation shall be required during the preparation of the technical report. The report shall be accompanied by a statement outlining how interested persons were involved in the preparation of the technical report.
(d) Whenever a regional board finds that the waste treatment or disposal facilities of a discharger will reach capacity within four years and that adequate steps are not being taken to address the capacity problem, it shall adopt a time schedule or other enforcement order. Such action shall be preceded by notice and a hearing.
(e) A technical report need not be required if the regional board finds that the burden of preparing the report does not bear a reasonable relationship to its need and to the benefits of the report. If a discharger questions that the cost of preparing the technical report bears a reasonable relationship to the need for such a report or the benefits to be obtained therefrom, the discharger may appeal to the regional board for relief within 30 days of the date of the notice.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13225, 13267, 13300 and 13301, Water Code.
s 2232.1. Certification of Supervisors and Operators of Municipal Wastewater Treatment Plants.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 9 (commencing with Section 13625 of Division 7), Water Code.
s 2232.2. Periodic Review of Waste Discharge Requirements.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13263(e), Water Code.
s 2233. Other Terms and Conditions to Be Included in Waste Discharge Requirements.
(a) A condition shall be included for a publicly owned treatment works, treating or designed to treat, an average dry weather flow of 5 mgd or more of community wastewater that the operating entity shall have and enforce an adequate pretreatment program approved by the appropriate regional board. A condition requiring a local pretreatment program may be included for a publicly owned treatment works treating or designed to treat an average dry weather flow of less than 5 mgd of community wastewater where deemed appropriate by the state board or regional board. (continued)