2005 California Water Code Sections 13260-13274 Article 4. Waste Discharge Requirements

13260.  (a) All of the following persons shall file with the
appropriate regional board a report of the discharge, containing the
information which may be required by the regional board:
   (1) Any person discharging waste, or proposing to discharge waste,
within any region that could affect the quality of the waters of the
state, other than into a community sewer system.
   (2) Any person who is a citizen, domiciliary, or political agency
or entity of this state discharging waste, or proposing to discharge
waste, outside the boundaries of the state in a manner that could
affect the quality of the waters of the state within any region.
   (3) Any person operating, or proposing to construct, an injection
well.
   (b) No report of waste discharge need be filed pursuant to
subdivision (a) if the requirement is waived pursuant to Section
13269.
   (c) Every person subject to subdivision (a) shall file with the
appropriate regional board a report of waste discharge relative to
any material change or proposed change in the character, location, or
volume of the discharge.
   (d) (1) (A) Each person who is subject to subdivision (a) or (c)
shall submit an annual fee according to a fee schedule established by
the state board.
   (B) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing,
monitoring, and enforcement of waste discharge requirements and
waivers of waste discharge requirements.
   (C) Recoverable costs may include, but are not limited to, costs
incurred in reviewing waste discharge reports, prescribing terms of
waste discharge requirements and monitoring requirements, enforcing
and evaluating compliance with waste discharge requirements and
waiver requirements, conducting surface water and groundwater
monitoring and modeling, analyzing laboratory samples, and reviewing
documents prepared for the purpose of regulating the discharge of
waste, and administrative costs incurred in connection with carrying
out these actions.
   (D) In establishing the amount of a fee that may be imposed on any
confined animal feeding and holding operation pursuant to this
section, including, but not limited to, any dairy farm, the state
board shall consider all of the following factors:
   (i) The size of the operation.
   (ii) Whether the operation has been issued a permit to operate
pursuant to Section 1342 of Title 33 of the United States Code.
   (iii) Any applicable waste discharge requirement or conditional
waiver of a waste discharge requirement.
   (iv) The type and amount of discharge from the operation.
   (v) The pricing mechanism of the commodity produced.
   (vi) Any compliance costs borne by the operation pursuant to state
and federal water quality regulations.
   (vii) Whether the operation participates in a quality assurance
program certified by a regional water quality control board, the
state board, or a federal water quality control agency.
   (2) (A) Subject to subparagraph (B), any fees collected pursuant
to this section shall be deposited in the Waste Discharge Permit
Fund, which is hereby created.  The money in the fund is available
for expenditure by the state board, upon appropriation by the
Legislature, solely for the purposes of carrying out this division.
   (B) (i) Notwithstanding subparagraph (A), the fees collected
pursuant to this section from stormwater dischargers that are subject
to a general industrial or construction stormwater permit under the
national pollutant discharge elimination system (NPDES) shall be
separately accounted for in the Waste Discharge Permit Fund.
   (ii) Not less than 50 percent of the money in the Waste Discharge
Permit Fund that is separately accounted for pursuant to clause (i)
is available, upon appropriation by the Legislature, for expenditure
by the regional board with jurisdiction over the permitted industry
or construction site that generated the fee to carry out stormwater
programs in the region.
   (iii) Each regional board that receives money pursuant to clause
(ii) shall spend not less than 50 percent of that money solely on
stormwater inspection and regulatory compliance issues associated
with industrial and construction stormwater programs.
   (3) Any person who would be required to pay the annual fee
prescribed by paragraph (1) for waste discharge requirements
applicable to discharges of solid waste, as defined in Section 40191
of the Public Resources Code, at a waste management unit that is also
regulated under Division 30 (commencing with Section 40000) of the
Public Resources Code, shall be entitled to a waiver of the annual
fee for the discharge of solid waste at the waste management unit
imposed by paragraph (1) upon verification by the state board of
payment of the fee imposed by Section 48000 of the Public Resources
Code, and provided that the fee established pursuant to Section 48000
of the Public Resources Code generates revenues sufficient to fund
the programs specified in Section 48004 of the Public Resources Code
and the amount appropriated by the Legislature for those purposes is
not reduced.
   (e) Each person discharges waste in a manner regulated by this
section shall pay an annual fee to the state board.  The state board
shall establish, by regulation, a timetable for the payment of the
annual fee.  If the state board or a regional board determines that
the discharge will not affect, or have the potential to affect, the
quality of the waters of the state, all or part of the annual fee
shall be refunded.
   (f) (1) The state board shall adopt, by emergency regulations, a
schedule of fees authorized under subdivision (d).  The total revenue
collected each year through annual fees shall be set at an amount
equal to the revenue levels set forth in the Budget Act for this
activity.  The state board shall automatically adjust the annual fees
each fiscal year to conform with the revenue levels set forth in the
Budget Act for this activity.  If the state board determines that
the revenue collected during the preceding year was greater than, or
less than, the revenue levels set forth in the Budget Act, the state
board may further adjust the annual fees to compensate for the over
and under collection of revenue.
   (2) The emergency regulations adopted pursuant to this
subdivision, any amendment thereto, or subsequent adjustments to the
annual fees, shall be adopted by the state board in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.  The adoption of these regulations
is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare.  Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, any emergency regulations adopted
by the state board, or adjustments to the annual fees made by the
state board pursuant to this section, shall not be subject to review
by the Office of Administrative Law and shall remain in effect until
revised by the state board.
   (g) The state board shall adopt regulations setting forth
reasonable time limits within which the regional board shall
determine the adequacy of a report of waste discharge submitted under
this section.
   (h) Each report submitted under this section shall be sworn to, or
submitted under penalty of perjury.
   (i) The regulations adopted by the state board pursuant to
subdivision (f) shall include a provision that annual fees shall not
be imposed on those who pay fees under the national pollutant
discharge elimination system until the time when those fees are again
due, at which time the fees shall become due on an annual basis.
   (j) Any person operating or proposing to construct an oil, gas, or
geothermal injection well subject to paragraph (3) of subdivision
(a), shall not be required to pay a fee pursuant to subdivision (d),
if the injection well is regulated by the Division of Oil and Gas of
the Department of Conservation, in lieu of the appropriate California
regional water quality control board, pursuant to the memorandum of
understanding, entered into between the state board and the
Department of Conservation on May 19, 1988.  This subdivision shall
remain operative until the memorandum of understanding is revoked by
the state board or the Department of Conservation.
   (k) In addition to the report required by subdivision (a), before
any person discharges mining waste, the person shall first submit
both of the following to the regional board:
   (1) A report on the physical and chemical characteristics of the
waste that could affect its potential to cause pollution or
contamination.  The report shall include the results of all tests
required by regulations adopted by the board, any test adopted by the
Department of Toxic Substances Control pursuant to Section 25141 of
the Health and Safety Code for extractable, persistent, and
bioaccumulative toxic substances in a waste or other material, and
any other tests that the state board or regional board may require,
including, but not limited to, tests needed to determine the
acid-generating potential of the mining waste or the extent to which
hazardous substances may persist in the waste after disposal.
   (2) A report that evaluates the potential of the discharge of the
mining waste to produce, over the long term, acid mine drainage, the
discharge or leaching of heavy metals, or the release of other
hazardous substances.
   (l) Except upon the written request of the regional board, a
report of waste discharge need not be filed pursuant to subdivision
(a) or (c) by a user of recycled water that is being supplied by a
supplier or distributor of recycled water for whom a master recycling
permit has been issued pursuant to Section 13523.1.
13260.2.  (a) The state board shall establish a fee in an amount
sufficient to recover its costs in reviewing, processing, and
enforcing "no exposure" certifications issued to facilities that
apply for those certifications in accordance with a general
industrial stormwater permit.
   (b) Revenue generated pursuant to this section shall be deposited
in the Waste Discharge Permit Fund.
13260.3.  On or before January 1 of each year, the state board shall
report to the Governor and the Legislature on the expenditure of
annual fees collected pursuant to Section 13260.
13261.  (a) Any person failing to furnish a report or pay a fee
under Section 13260 when so requested by a regional board  is guilty
of a misdemeanor and may be liable civilly in accordance with
subdivision (b).
   (b) (1) Civil liability may be administratively imposed by a
regional board or the state board in accordance with Article 2.5
(commencing with Section 13323) of Chapter 5 for a violation of
subdivision (a) in an amount that may not exceed one thousand dollars
($1,000) for each day in which the violation occurs.  For purposes
of this section only, the state board shall have the same authority
and shall follow the same procedures as set forth in Article 2.5
(commencing with Section 13323) of Chapter 5, except that the
executive director shall issue the complaint with review by the state
board.  Civil liability may not be imposed by the regional board
pursuant to this section if the state board has imposed liability
against the same person for the same violation.
   (2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (a) in an amount that may not exceed five thousand
dollars ($5,000) for each day the violation occurs.
   (c) Any person discharging or proposing to discharge hazardous
waste, as defined in Section 25117 of the Health and Safety Code, who
knowingly furnishes a false report under Section 13260, or who
either willfully fails to furnish a report or willfully withholds
material information under Section 13260 despite actual knowledge of
that requirement, may be liable in accordance with subdivision (d)
and is guilty of a misdemeanor.
   This subdivision does not apply to any waste discharge that is
subject to Chapter 5.5 (commencing with Section 13370).
   (d) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (c) in an
amount that may not exceed five thousand dollars ($5,000) for each
day the violation occurs.
   (2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (c) in an amount that may not exceed twenty-five thousand
dollars ($25,000).
13262.  The Attorney General, at the request of the regional board
or the state board, shall petition the superior court for the
issuance of a temporary restraining order, temporary injunction, or
permanent injunction, or combination thereof, as may be appropriate,
requiring any person not complying with Section 13260 to comply
therewith.
13263.  (a) The regional board, after any necessary hearing, shall
prescribe requirements as to the nature of any proposed discharge,
existing discharge, or material change in an existing discharge,
except discharges into a community sewer system, with relation to the
conditions existing in the disposal area or receiving waters upon,
or into which, the discharge is made or proposed.  The requirements
shall implement any relevant water quality control plans that have
been adopted, and shall take into consideration the beneficial uses
to be protected, the water quality objectives reasonably required for
that purpose, other waste discharges, the need to prevent nuisance,
and the provisions of Section 13241.
   (b) A regional board, in prescribing requirements, need not
authorize the utilization of the full waste assimilation capacities
of the receiving waters.
   (c) The requirements may contain a time schedule, subject to
revision in the discretion of the board.
   (d) The regional board may prescribe requirements although no
discharge report has been filed.
   (e) Upon application by any affected person, or on its own motion,
the regional board may review and revise requirements.  All
requirements shall be reviewed periodically.
   (f) The regional board shall notify in writing the person making
or proposing the discharge or the change therein of the discharge
requirements to be met.  After receipt of the notice, the person so
notified shall provide adequate means to meet the requirements.
   (g) No discharge of waste into the waters of the state, whether or
not the discharge is made pursuant to waste discharge requirements,
shall create a vested right to continue the discharge.  All
discharges of waste into waters of the state are privileges, not
rights.
   (h) The regional board may incorporate the requirements prescribed
pursuant to this section into a master recycling permit for either a
supplier or distributor, or both, of recycled water.
   (i) The state board or a regional board may prescribe general
waste discharge requirements for a category of discharges if the
state board or that regional board finds or determines that all of
the following criteria apply to the discharges in that category:
   (1) The discharges are produced by the same or similar operations.
   (2) The discharges involve the same or similar types of waste.
   (3) The discharges require the same or similar treatment
standards.
   (4) The discharges are more appropriately regulated under general
discharge requirements than individual discharge requirements.
   (j) The state board, after any necessary hearing, may prescribe
waste discharge requirements in accordance with this section.
13263.1.  Before a regional board issues or revises waste discharge
requirements pursuant to Section 13263 for any discharge of mining
waste, the regional board  shall first determine that the proposed
mining waste discharge is consistent with a waste management strategy
that prevents the pollution or contamination of the waters of the
state, particularly after closure of  any waste management unit for
mining waste.
13263.2.  The owner or operator of a facility that treats
groundwater which qualifies as a hazardous waste pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code is exempt from the requirement to obtain a hazardous
waste facility permit pursuant to Section 25201 of the Health and
Safety Code for the treatment of groundwater if all of the following
conditions are met:
   (a) The facility treats groundwater which is extracted for the
purposes of complying with one or more of the following:
   (1) Waste discharge requirements prescribed pursuant to Section
13263.
   (2) A cleanup or abatement order issued pursuant to Section 13304.
   (3) A written authorization issued by a regional board or local
agency designated pursuant to Section 25283 of the Health and Safety
Code.
   (4) An order or approved remedial action plan issued pursuant to
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code.
   (b) The facility meets, at a minimum, all of the following
operating standards:
   (1) The treatment does not require a hazardous waste facilities
permit pursuant to the Resource Conservation and Recovery Act, as
amended (42 U.S.C.  Sec. 6901 et seq.).
   (2) The facility operator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of waste
treated.
   (3) The facility operator prepares and maintains a written
inspection schedule and log of inspections conducted.
   (4) The records specified in paragraphs (2) and (3) are maintained
by the owner or operator of the facility for a period of three
years.
   (5) The owner or operator maintains adequate records to
demonstrate that it is in compliance with all of the pretreatment
standards and with all of the applicable industrial waste discharge
requirements issued by the agency operating the publicly owned
treatment works into which the wastes are discharged.
   (6) (A) Upon terminating the operation of any treatment process or
unit exempted pursuant to this section, the owner or operator that
conducted the treatment removes or decontaminates all waste residues,
containment system components, soils, and other structures or
equipment contaminated with hazardous waste from the unit.  The
removal of the unit from service shall be conducted in a manner that
does both of the following:
   (i) Minimizes the need for further maintenance.
   (ii) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process ceases
operation.
   (B) Any owner or operator who permanently ceases operation of a
treatment process or unit that is exempted pursuant to this section
shall provide written notification to the regional board or local
agency upon completion of all activities required by this
subdivision.
   (7) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code and the regulations adopted by the Department of Toxic
Substances Control pursuant to that chapter.
   (c) The groundwater is treated at the site where it is extracted
in compliance with one or more of paragraphs (1), (2), (3), and (4)
of subdivision (a).
   (d) All other regulatory requirements applicable to the facility
pursuant to Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code are met by the owner or operator.
   (e) The treatment of the contaminated groundwater is not performed
under corrective action required by Section 25200.10 of the Health
and Safety Code.
13263.3.  (a) The Legislature finds and declares that pollution
prevention should be the first step in a hierarchy for reducing
pollution and managing wastes, and to achieve environmental
stewardship for society.  The Legislature also finds and declares
that pollution prevention is necessary to achieve the federal goal of
zero discharge of pollutants into navigable waters.
   (b) (1) For the purposes of this section, "pollution prevention"
means any action that causes a net reduction in the use or generation
of a hazardous substance or other pollutant that is discharged into
water and includes any of the following:
   (A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of pollutants discharged in
wastewater.
   (B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
pollutants discharged in wastewater.
   (C) "Production process change," which means a change in a
process, method, or technique that is used to produce a product or a
desired result, including the return of materials or their components
for reuse within the existing processes or operations, so as to
reduce, avoid, or eliminate the generation of pollutants discharged
in wastewater.
   (D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
problem pollutants discharged in wastewater.
   (2) For the purposes of this section, "pollution prevention" does
not include actions that merely shift a pollutant in wastewater from
one environmental medium to another environmental medium, unless
clear environmental benefits of such an approach are demonstrated.
   (c) (1) For the purposes of this section, "discharger" means any
entity required to obtain a national pollutant discharge elimination
system (NPDES) permit pursuant to the Clean Water Act (33 U.S.C. Sec.
1251 et seq.), or any entity subject to the pretreatment program as
defined in Part 403 (commencing with Section 403.1) of subchapter N
of Chapter 1 of Part 403 of Title 40 of the Code of Federal
Regulations.
   (2) For the purposes of this section, "industrial discharger"
means any discharger other than a publicly owned treatment works
(POTW).
   (d) (1) The state board, a regional board, or a POTW may require a
discharger subject to its jurisdiction to complete a pollution
prevention plan if any of the following apply:
   (A) A discharger is determined to be a chronic violator and the
board or the POTW determines that pollution prevention could achieve
compliance.
   (B) The discharger contributes, or has the potential to
contribute, to the formation of a toxic hot spot as defined in
Section 13391.5.
   (C) The discharger discharges a pollutant for which the permitted
level is lower than the practical quantification limit and the state
board, a regional board, or the POTW determines that additional
reductions of the pollutant are necessary.
   (D) The board determines pollution prevention is necessary to
achieve a water quality objective.
   (2) The state board, a regional board, or a POTW may require an
industrial discharger subject to its jurisdiction to complete a
pollution prevention plan that includes all of the following:
   (A) An analysis of the pollutants that the facility discharges
into water or introduces into POTWs, a description of the sources of
the pollutants, and a comprehensive review of the processes used by
the discharger that result in the generation and discharge of the
pollutants.
   (B) An analysis of the potential for pollution prevention to
reduce the generation of the pollutants, including the application of
innovative and alternative technologies and any adverse
environmental impacts resulting from the use of those methods.
   (C) A detailed description of the tasks and time schedules
required to investigate and implement various elements of pollution
prevention techniques.
   (D) A statement of the discharger's pollution prevention goals and
strategies, including priorities for short-term and long-term
action.
   (E) A description of the discharger's intended pollution
prevention activities for the immediate future.
   (F) A description of the discharger's existing pollution
prevention methods.
   (G) A statement that the discharger's existing and planned
pollution prevention strategies do not constitute cross-media
pollution transfers, and information that supports that statement.
   (H) Toxic chemical release data for those dischargers subject to
Section 313 of the Emergency Planning and Community Right to Know Act
of 1986 (42 U.S.C. Sec. 11023).
   (I) Proof of compliance with the Hazardous Waste Source Reduction
and Management Review Act of 1989 (Article 11.9 (commencing with
Section 25244.12) of Chapter 6.5 of Division 20 of the Health and
Safety Code) if the discharger is also subject to that act.
   (J) An analysis of the relative costs and benefits of the possible
pollution prevention activities.
   (3) A regional board may require a POTW to complete a pollution
prevention plan that includes all of the following:
   (A) An estimate of all of the sources of a pollutant contributing,
or potentially contributing, to the loadings of a pollutants in the
treatment plant influent.
   (B) An analysis of the methods that could be used to prevent the
discharge of the pollutants into the POTW, including application of
local limits to industrial or commercial dischargers regarding
pollution prevention techniques, public education and outreach, or
other innovative and alternative approaches to reduce discharges of
the pollutant to the POTW.  The analysis also shall identify sources,
or potential sources, not within the ability or authority of the
POTW to control, such as pollutants in the potable water supply,
airborne pollutants, pharmaceuticals, or pesticides, and estimate the
magnitude of those sources, to the extent feasible.
   (C) An estimate of load reductions that may be attained through
the methods identified in subparagraph (B).
   (D) A plan for monitoring the results of the pollution prevention
program.
   (E) A description of the tasks, cost, and time required to
investigate and implement various elements in the pollution
prevention plan.
   (F) A statement of the POTW's pollution prevention goals and
strategies, including priorities for short-term and long-term action,
and a description of the POTW's intended pollution prevention
activities for the immediate future.
   (G) A description of the POTW's existing pollution prevention
programs.
   (H) An analysis, to the extent feasible, of any adverse
environmental impacts, including cross-media impacts or substitute
chemicals, that may result from the implementation of the pollution
prevention program.
   (I) An analysis, to the extent feasible, of the costs and benefits
that may be incurred to implement the pollution prevention program.
   (e) The state board or the regional board may establish a schedule
of actions identified in the pollution prevention plans for the
discharger.
   (f) The state board or regional board shall solicit comments from
the public on a pollution prevention plan prepared pursuant to this
section and address the public comments when determining what
schedule of actions, if any, to establish for the discharger pursuant
to this section.
   (g) The state board and regional boards shall make the pollution
prevention plans available for public review, except to the extent
that information is classified as confidential because it is a trade
secret.  Trade secret information shall be set forth in an appendix
that is not available to the public.
   (h) Any costs incurred by the state board or a regional board
resulting from actions required by this section shall be paid for
from revenue generated by the fees imposed by Section 13260.
   (i) The state board or regional board may assess civil penalties
pursuant to Section 13385 against a discharger for failure to
complete a pollution prevention plan ordered by the state board or a
regional board, or for failure to comply with a schedule of actions
ordered by the state board or a regional board pursuant to this
section.
   (j) A POTW may assess civil penalties and civil administrative
penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the
Government Code against an industrial discharger for failure to
complete a pollution prevention plan when ordered by the POTW, for
submitting a plan that does not comply with the act, or for failure
to comply with a schedule of actions ordered by the POTW pursuant to
this section, unless the regional board has assessed penalties for
the same action.
   (k) A discharger may change its pollution prevention plan,
including withdrawing from a pollution prevention measure approved by
the state board, a regional board, or a POTW, if the discharger
determines that the measure will have a negative impact on product
quality, the safe operation of the facility, or the environmental
aspects of the facilities operation, and the discharger demonstrates
to the board or the POTW an alternative measure that achieves that
same pollution prevention objective.
   (l) The state board shall adopt a format to be used by dischargers
for completing the plan required by this section.  The format shall
address all of the factors the discharger is required to include in
the plan.  The board may include any other factors determined by the
board to be necessary to carry out this section.  The adoption of the
format pursuant to this section is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
13263.3.  (a) The Legislature finds and declares that pollution
prevention should be the first step in a hierarchy for reducing
pollution and managing wastes, and to achieve environmental
stewardship for society.  The Legislature also finds and declares
that pollution prevention is necessary to support the federal goal of
zero discharge of pollutants into navigable waters.
   (b) (1) For the purposes of this section, "pollution prevention"
means any action that causes a net reduction in the use or generation
of a hazardous substance or other pollutant that is discharged into
water and includes any of the following:
   (A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of pollutants discharged in
wastewater.
   (B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
pollutants discharged in wastewater.
   (C) "Production process change," which means a change in a
process, method, or technique that is used to produce a product or a
desired result, including the return of materials or their components
for reuse within the existing processes or operations, so as to
reduce, avoid, or eliminate the generation of pollutants discharged
in wastewater.
   (D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
problem pollutants discharged in wastewater.
   (2) For the purposes of this section, "pollution prevention" does
not include actions that merely shift a pollutant in wastewater from
one environmental medium to another environmental medium, unless
clear environmental benefits of such an approach are identified to
the satisfaction of the state board, the regional board, or POTW.
   (c) For the purposes of this section, "discharger" means any
entity required to obtain a national pollutant discharge elimination
system (NPDES) permit pursuant to the Clean Water Act (33 U.S.C. Sec.
1251 et seq.), or any entity subject to the pretreatment program as
defined in Part 403 (commencing with Section 403.1) of Subchapter N
of Chapter 1 of Part 403 of Title 40 of the Code of Federal
Regulations.
   (d) (1) The state board, a regional board, or a POTW may require a
discharger subject to its jurisdiction to complete and implement a
pollution prevention plan if any of the following apply:
   (A) A discharger is determined by the state board to be a chronic
violator, and the state board, a regional board, or the POTW
determines that pollution prevention could assist in achieving
compliance.
   (B) The discharger significantly contributes, or has the potential
to significantly contribute, to the creation of a toxic hot spot as
defined in Section 13391.5.
   (C) The state board, a regional board, or a POTW determines
pollution prevention is necessary to achieve a water quality
objective.
   (D) The discharger is subject to a cease and desist order issued
pursuant to Section 13301 or a time schedule order issued pursuant to
Section 13300 or 13308.
   (2) A pollution prevention plan required of a discharger other
than a POTW pursuant to paragraph (1) shall include all of the
following:
   (A) An analysis of one or more of the pollutants, as directed by
the state board, a regional board, or a POTW, that the facility
discharges into water or introduces into POTWs, a description of the
sources of the pollutants, and a comprehensive review of the
processes used by the discharger that result in the generation and
discharge of the pollutants.
   (B) An analysis of the potential for pollution prevention to
reduce the generation of the pollutants, including the application of
innovative and alternative technologies and any adverse
environmental impacts resulting from the use of those methods.
   (C) A detailed description of the tasks and time schedules
required to investigate and implement various elements of pollution
prevention techniques.
   (D) A statement of the discharger's pollution prevention goals and
strategies, including priorities for short-term and long-term
action.
   (E) A description of the discharger's existing pollution
prevention methods.
   (F) A statement that the discharger's existing and planned
pollution prevention strategies do not constitute cross media
pollution transfers unless clear environmental benefits of such an
approach are identified to the satisfaction of the state board, the
regional board, or the POTW, and information that supports that
statement.
   (G) Proof of compliance with the Hazardous Waste Source Reduction
and Management Review Act of 1989 (Article 11.9 (commencing with
Section 25244.12) of Chapter 6.5 of Division 20 of the Health and
Safety Code) if the discharger is also subject to that act.
   (H) An analysis, to the extent feasible, of the relative costs and
benefits of the possible pollution prevention activities.
   (I) A specification of, and rationale for, the technically
feasible and economically practicable pollution prevention measures
selected by the discharger for implementation.
   (3) The state board or a regional board may require a POTW to
complete and implement a pollution prevention plan that includes all
of the following:
   (A) An estimate of all of the sources of a pollutant contributing,
or potentially contributing, to the loading of that pollutant in the
treatment plant influent.
   (B) An analysis of the methods that could be used to prevent the
discharge of the pollutants into the POTW, including application of
local limits to industrial or commercial dischargers regarding
pollution prevention techniques, public education and outreach, or
other innovative and alternative approaches to reduce discharges of
the pollutant to the POTW.  The analysis also shall identify sources,
or potential sources, not within the ability or authority of the
POTW to control, such as pollutants in the potable water supply,
airborne pollutants, pharmaceuticals, or pesticides, and estimate the
magnitude of those sources, to the extent feasible.
   (C) An estimate of load reductions that may be attained through
the methods identified in subparagraph (B).
   (D) A plan for monitoring the results of the pollution prevention
program.
   (E) A description of the tasks, cost, and time required to
investigate and implement various elements in the pollution
prevention plan.
   (F) A statement of the POTW's pollution prevention goals and
strategies, including priorities for short-term and long-term action,
and a description of the POTW's intended pollution prevention
activities for the immediate future.
   (G) A description of the POTW's existing pollution prevention
programs.
   (H) An analysis, to the extent feasible, of any adverse
environmental impacts, including cross media impacts or substitute
chemicals, that may result from the implementation of the pollution
prevention program.
   (I) An analysis, to the extent feasible, of the costs and benefits
that may be incurred to implement the pollution prevention program.
   (e) The state board, a regional board, or a POTW may require a
discharger subject to this section to comply with the pollution
prevention plan developed by the discharger after providing an
opportunity for comment at a public proceeding with regard to that
plan.
   (f) The state board, regional boards, and POTWs shall make the
pollution prevention plans available for public review, except to the
extent that information is classified as confidential because it is
a trade secret.  Trade secret information shall be set forth in an
appendix that is not available to the public.
   (g) The state board or regional board may assess civil liability
pursuant to paragraph (1) of subdivision (c) of Section 13385 against
a discharger for failure to complete a pollution prevention plan
required by the state board or a regional board, for submitting a
plan that does not comply with the act, or for not implementing a
plan, unless the POTW has assessed penalties for the same action.
   (h) A POTW may assess civil penalties and civil administrative
penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the
Government Code against a discharger for failure to complete a
pollution prevention plan when required by the POTW, for submitting a
plan that does not comply with the act, or for not implementing a
plan, unless the state board or a regional board has assessed
penalties for the same action.
   (i) A discharger may change its pollution prevention plan,
including withdrawing from a pollution prevention measure required by
the state board, a regional board, or a POTW, if the discharger
determines that the measure will have a negative impact on product
quality, the safe operation of the facility, or the environmental
aspects of the facility's operation, or the discharger determines
that the measure is economically impracticable or technologically
infeasible.  Where practicable and feasible, the discharger shall
replace the withdrawn measure with a measure that will likely achieve
similar pollution prevention objectives.  A measure may be withdrawn
pursuant to this subdivision only with the approval of the executive
officer of the state board or the regional board, or the POTW.
   (j) The state board shall adopt a sample format to be used by
dischargers for completing the plan required by this section.  The
sample format shall address all of the factors the discharger is
required to include in the plan.  The board may include any other
factors determined by the board to be necessary to carry out this
section.  The adoption of the sample format pursuant to this section
is not subject to Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
   (k) The state board, a regional board, or POTW may not include a
pollution prevention plan in any waste discharge requirements or
other permit issued by that agency.
   (l) This section prevails over Section 13263.3, as added to the
Water Code by Assembly Bill 1104 of the 1999-2000 Regular Session.
13263.5.  (a) When the regional board issues waste discharge
requirements  pursuant to Section 13263, or revises waste discharge
requirements pursuant to subdivision (g) of Section 25159.17 of the
Health and Safety Code, for any injection well into which hazardous
waste is discharged, the waste discharge requirements shall be based
upon the information contained in the hydrogeological assessment
report prepared pursuant to Section 25159.18 of the Health and Safety
Code and shall include conditions in the waste discharge
requirements to ensure that the waters of the state are not polluted
or threatened with pollution.
   (b) If the state board applies to the federal Environmental
Protection Agency to administer the Underground Injection Control
Program pursuant to Part 145 (commencing with Section 145.1) of
Subchapter D of Chapter 1 of Title 40 of the Code of Federal
Regulations, that application shall not include a request to
administer the Underground Injection Control Program for any oil,
gas, or geothermal injection wells supervised or regulated by the
Division of Oil and Gas pursuant to Section 3106 or 3714 of the
Public Resources Code.
13263.6.  (a) A publicly owned treatment works (POTW) may require
pollution prevention plans as described in Section 13263.3 as part of
the pretreatment requirements applicable to significant industrial
users.
   (b) The state board or a regional board shall prescribe effluent
limitations as part of the waste discharge requirements of a POTW for
all substances that the most recent toxic chemical release data
reported to the state emergency response commission pursuant to
Section 313 of the Emergency Planning and Community Right to Know Act
of 1986 (42 U.S.C. Sec. 11023) indicate are discharged into the POTW
and that the state board or a regional board has determined has the
reasonable potential to impair water quality.
13263.6.  (a) The regional board shall prescribe effluent
limitations as part of the waste discharge requirements of a POTW for
all substances that the most recent toxic chemical release data
reported to the state emergency response commission pursuant to
Section 313 of the Emergency Planning and Community Right to Know Act
of 1986 (42 U.S.C. Sec. 11023) indicate as discharged into the POTW,
for which the state board or the regional board has established
numeric water quality objectives, and has determined that the
discharge is or may be discharged at a level which will cause, have
the reasonable potential to cause, or contribute to, an excursion
above any numeric water quality objective.
   (b) This section prevails over Section 13263.6, as added to the
Water Code by Assembly Bill 1104 of the 1999-2000 Regular Session.
13264.  (a) No person shall initiate any new discharge of waste or
make any material changes in any discharge, or initiate a discharge
to, make any material changes in a discharge to, or construct, an
injection well, prior to the filing of the report required by Section
13260 and no person shall take any of these actions after filing the
report but before whichever of the following occurs first:
   (1) The issuance of waste discharge requirements pursuant to
Section 13263.
   (2) The expiration of  140 days after compliance with Section
13260 if the waste to be discharged does not create or threaten to
create a condition of pollution or nuisance and any of the following
applies:
   (A) The project is not subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code).
   (B) The regional board is the lead agency for purposes of the
California Environmental Quality Act, a negative declaration is
required, and at least 105 days have expired since the regional board
assumed lead agency responsibility.
   (C) The regional board is the lead agency for the purposes of the
California Environmental Quality Act, and environmental impact report
or written documentation prepared to meet the requirements of
Section 21080.5 of the Public Resources Code is required, and at
least one year has expired since the regional board assumed lead
agency responsibility.
   (D) The regional board is a responsible agency for purposes of the
California Environmental Quality Act, and at least 90 days have
expired since certification or approval of environmental
documentation by the lead agency.
   (3) The issuance of a waiver pursuant to Section 13269.
   (b) The Attorney General, at the request of a regional board,
shall petition the superior court for the issuance of a temporary
restraining order, preliminary injunction, or permanent injunction,
or combination thereof, as may be appropriate, prohibiting any person
who is violating or threatening to violate this section from doing
any of the following, whichever is applicable:
   (1) Discharging the waste or fluid.
   (2) Making any material change in the discharge.
   (3) Constructing the injection well.
   (c) (1) Notwithstanding any other provision of law, moneys
collected under this division for a violation pursuant to paragraph
(2) of subdivision (a) shall be deposited in the Waste Discharge
Permit Fund and separately accounted for in that fund.
   (2) The funds described in paragraph (1) shall be expended by the
state board, upon appropriation by the Legislature, to assist
regional boards, and other public agencies with authority to clean up
waste or abate the effects of the waste, in cleaning up or abating
the effects of the waste on waters of the state or for the purposes
authorized in Section 13443.
13265.  (a) Any person discharging waste in violation of Section
13264, after such violation has been called to his attention in
writing by the regional board, is guilty of a misdemeanor and may be
liable civilly in accordance with subdivision (b).  Each day of such
discharge shall constitute a separate offense.
   (b) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (a) in an
amount which shall not exceed one thousand dollars ($1,000) for each
day in which the violation occurs.
   (2) Civil liability may be imposed by the superior court in
accordance with Articles 5 (commencing with Section 13350) and 6
(commencing with Section 13360) of Chapter 5 for a violation of
subdivision (a) in an amount which shall not exceed five thousand
dollars ($5,000) for each day in which the violation occurs.
   (c) Any person discharging hazardous waste, as defined in Section
25117 of the Health and Safety Code, in violation of Section 13264 is
guilty of a misdemeanor and may be liable civilly in accordance with
subdivision (d).  That liability shall not be imposed if the
discharger is not negligent and immediately files a report of the
discharge with the board, or if the regional board determines that
the violation of Section 13264 was insubstantial.
   This subdivision shall not be applicable to any waste discharge
which is subject to Chapter 5.5 (commencing with Section 13370).
   (d) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (c) in an
amount which shall not exceed five thousand dollars ($5,000) for each
day in which the violation occurs.
   (2) Civil liability may be imposed by the superior court in
accordance with Articles 5 (commencing with Section 13350) and 6
(commencing with Section 13360) of Chapter 5 for a violation of
subdivision (c) in an amount which shall not exceed twenty-five
thousand dollars ($25,000) for each day in which the violation
occurs.
13266.  Pursuant to such regulations as the regional board may
prescribe, each city, county, or city and county shall notify the
regional board of the filing of a tentative subdivision map, or of
any application for a building permit which may involve the discharge
of waste, other than discharges into a community sewer system and
discharges from dwellings involving five-family units or less.
13267.  (a) A regional board, in establishing or reviewing any water
quality control plan or waste discharge requirements, or in
connection with any action relating to any plan or requirement
authorized by this division, may investigate the quality of any
waters of the state within its region.
   (b) (1) In conducting an investigation specified in subdivision
(a), the regional board may require that any person who has
discharged, discharges, or is suspected of having discharged or
discharging, or who proposes to discharge waste within its region, or
any citizen or domiciliary, or political agency or entity of this
state who has discharged, discharges, or is suspected of having
discharged or discharging, or who proposes to discharge, waste
outside of its region that could affect the quality of waters within
its region shall furnish, under penalty of perjury, technical or
monitoring program reports which the regional board requires.  The
burden, including costs, of these reports shall bear a reasonable
relationship to the need for the report and the benefits to be
obtained from the reports.  In requiring those reports, the regional
board shall provide the person with a written explanation with regard
to the need for the reports, and shall identify the evidence that
supports requiring that person to provide the reports.
   (2) When requested by the person furnishing a report, the portions
of a report that might disclose trade secrets or secret processes
may not be made available for inspection by the public but shall be
made available to governmental agencies for use in making studies.
However, these portions of a report shall be available for use by the
state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report.
   (c) In conducting an investigation pursuant to subdivision (a),
the regional board may inspect the facilities of any person to
ascertain whether the purposes  of this division are being met and
waste discharge requirements are being complied with.  The inspection
shall be made with the consent of the owner or possessor of the
facilities or, if the consent is withheld, with a warrant duly issued
pursuant to the procedure set forth in Title 13 (commencing with
Section 1822.50) of Part 3 of the Code of Civil Procedure.  However,
in the event of an emergency affecting the public health or safety,
an inspection may be performed without consent or the issuance of a
warrant.
   (d) The state board or a regional board may require any person,
including a person subject to a waste discharge requirement under
Section 13263, who is discharging, or who proposes to discharge,
wastes or fluid into an injection well, to furnish the state board or
regional board with a complete report on the condition and operation
of the facility or injection well, or any other information that may
be reasonably required to determine whether the injection well could
affect the quality of the waters of the state.
   (e) As used in this section, "evidence" means any relevant
evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common
law or statutory rule which might make improper the admission of the
evidence over objection in a civil action.
13268.  (a) (1) Any person failing or refusing to furnish technical
or monitoring program reports as required by subdivision (b) of
Section 13267, or failing or refusing to furnish a statement of
compliance as required by subdivision (b) of Section 13399.2, or
falsifying any information provided therein, is guilty of a
misdemeanor, and may be liable civilly in accordance with subdivision
(b).
   (2) Any person who knowingly commits any violation described in
paragraph (1) is subject to criminal penalties pursuant to
subdivision (e).
   (b) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (a) in an
amount which shall not exceed one thousand dollars ($1,000) for each
day in which the violation occurs.
   (2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (a) in an amount which shall not exceed five thousand
dollars ($5,000) for each day in which the violation occurs.
   (c) Any person discharging hazardous waste, as defined in Section
25117 of the Health and Safety Code, who knowingly fails or refuses
to furnish technical or monitoring program reports as required by
subdivision (b) of Section 13267, or who knowingly falsifies any
information provided in those technical or monitoring program
reports, is guilty of a misdemeanor, may be civilly liable in
accordance with subdivision (d), and is subject to criminal penalties
pursuant to subdivision (e).
   (d) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (c) in an
amount which shall not exceed five thousand dollars ($5,000) for each
day in which the violation occurs.
   (2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation of
subdivision (c) in an amount which shall not exceed twenty-five
thousand dollars ($25,000) for each day in which the violation
occurs.
   (e) (1) Subject to paragraph (2), any person who knowingly commits
any of the violations set forth in subdivision (a) or (c) shall be
punished by a fine that does not exceed twenty-five thousand dollars
($25,000).
   (2) Any person who knowingly commits any of the violations set
forth in subdivision (a) or (c) after a prior conviction for a
violation set forth in subdivision (a) or (c) shall be punished by a
fine that does not exceed twenty-five thousand dollars ($25,000) for
each day of the violation.
   (f) (1) Notwithstanding any other provision of law, fines
collected pursuant to subdivision (e) shall be deposited in the Waste
Discharge Permit Fund and separately accounted for in that fund.
   (2) The funds described in paragraph (1) shall be expended by the
state board, upon appropriation by the Legislature, to assist
regional boards, and other public agencies with authority to clean up
waste, or abate the effects of the waste, in cleaning up or abating
the effects of the waste on waters of the state or for the purposes
authorized in Section 13443.
13269.  (a) (1) On and after January 1, 2000, the provisions of
subdivisions (a) and (c) of Section 13260, subdivision (a) of Section
13263, or subdivision (a) of Section 13264 may be waived by the
state board or a regional board as to a specific discharge or type of
discharge if the state board or a regional board determines, after
any necessary state board or regional board meeting, that the waiver
is consistent with any applicable state or regional water quality
control plan and is in the public interest. The state board or a
regional board shall give notice of any necessary meeting by
publication pursuant to Section 11125 of the Government Code.
   (2) A waiver may not exceed five years in duration, but may be
renewed by the state board or a regional board.  The waiver shall be
conditional and may be terminated at any time by the state board or a
regional board.  The conditions of the waiver shall include, but
need not be limited to, the performance of individual, group, or
watershed-based monitoring, except as provided in paragraph (3).
Monitoring requirements shall be designed to support the development
and implementation of the waiver program, including, but not limited
to, verifying the adequacy and effectiveness of the waiver's
conditions.  In establishing monitoring requirements, the regional
board may consider the volume, duration, frequency, and constituents
of the discharge; the extent and type of existing monitoring
activities, including, but not limited to, existing watershed-based,
compliance, and effectiveness monitoring efforts; the size of the
project area; and other relevant factors.  Monitoring results shall
be made available to the public.
   (3) The state board or a regional board may waive the monitoring
requirements described in this subdivision for discharges that it
determines do not pose a significant threat to water quality.
   (4) (A) The state board or a regional board may include as a
condition of a waiver the payment of an annual fee established by the
state board in accordance with subdivision (f) of Section 13260.
   (B) Funds generated by the payment of the fee shall be deposited
in the Waste Discharge Permit Fund for expenditure, upon
appropriation by the Legislature, by the state board or appropriate
regional board for the purpose of carrying out activities limited to
those necessary to establish and implement the waiver program
pursuant to this section.  The total amount of annual fees collected
pursuant to this section shall not exceed the costs of those
activities necessary to establish and implement waivers of waste
discharge requirements pursuant to this section.
   (C) In establishing the amount of a fee that may be imposed on
irrigated agriculture operations pursuant to this section, the state
board shall consider relevant factors, including, but not limited to,
all of the following:
   (i) The size of the operations.
   (ii) Any compliance costs borne by the operations pursuant to
state and federal water quality regulations.
   (iii) Any costs associated with water quality monitoring performed
or funded by the operations.
   (iv) Participation in a watershed management program approved by
the applicable regional board.
   (D) In establishing the amount of a fee that may be imposed on
silviculture operations pursuant to this section, the state board
shall consider relevant factors, including, but not limited to, all
of the following:
   (i) The size of the operations.
   (ii) Any compliance costs borne by the operations pursuant to
state and federal water quality regulations.
   (iii) Any costs associated with water quality monitoring performed
or funded by the operations.
   (iv) The average annual number of timber harvest plans proposed by
the operations.
   (5) The state board or a regional board shall give notice of the
adoption of a waiver by publication within the affected county or
counties as set forth in Section 6061 of the Government Code.
   (b) (1) A waiver in effect on January 1, 2000, shall remain valid
until January 1, 2003, unless the regional board terminates that
waiver prior to that date.  All waivers that were valid on January 1,
2000, and granted an extension until January 1, 2003, and not
otherwise terminated, may be renewed by a regional board in five-year
increments.
   (2) Notwithstanding paragraph (1), a waiver for an onsite sewage
treatment system that is in effect on January 1, 2002, shall remain
valid until June 30, 2004, unless the regional board terminates the
waiver prior to that date.  Any waiver for onsite sewage treatment
systems adopted or renewed after June 30, 2004, shall be consistent
with the applicable regulations or standards for onsite sewage
treatment systems adopted or retained in accordance with Section
13291.
   (c) Upon notification of the appropriate regional board of the
discharge or proposed discharge, except as provided in subdivision
(d), the provisions of subdivisions (a) and (c) of Section 13260,
subdivision (a) of Section 13263, and subdivision (a) of Section
13264 do not apply to a discharge resulting from any of the following
emergency activities:
   (1) Immediate emergency work necessary to protect life or property
or immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
   (2) Emergency projects undertaken, carried out, or approved by a
public agency to maintain, repair, or restore an existing highway, as
defined in Section 360 of the Vehicle Code, except for a highway
designated as an official state scenic highway pursuant to Section
262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide within one year of the damage.  This paragraph does not
exempt from this section any project undertaken, carried out, or
approved by a public agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide.
   (d) Subdivision (c) is not a limitation of the authority of a
regional board under subdivision (a) to determine that any provision
of this division shall not be waived or to establish conditions of a
waiver.  Subdivision (c) shall not apply to the extent that it is
inconsistent with any waiver or other order or prohibition issued
under this division.
   (e) The regional boards and the state board shall require
compliance with the conditions pursuant to which waivers are granted
under this section.
   (f) Prior to renewing any waiver for a specific type of discharge
established under this section, the state board or a regional board
shall review the terms of the waiver policy at a public hearing.  At
the hearing, the state board or a regional board shall determine
whether the discharge for which the waiver policy was established
should be subject to general or individual waste discharge
requirements.
13270.  Where a public agency as defined in subdivision (b) of
Section 13400 leases land for waste disposal purposes to any other
public agency, including the State of California, or to any public
utility regulated by the Public Utilities Commission, the provisions
of Sections 13260, 13263, and 13264 shall not require the lessor
public agency to file any waste discharge report for the subject
waste disposal, and the regional board and the state board shall not
prescribe waste discharge requirements for the lessor public agency
as to such land provided that the lease from the lessor public agency
shall not contain restrictions which would unreasonably limit the
ability of the lessee to comply with waste discharge requirements
appurtenant to the leased property.
13271.  (a) (1) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
hazardous substance or sewage to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(1) that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
Office of Emergency Services of the discharge in accordance with the
spill reporting provision of the state toxic disaster contingency
plan adopted pursuant to Article 3.7 (commencing with Section
8574.16) of Chapter 7 of Division 1 of Title 2 of the Government
Code.
   (2) The Office of Emergency Services shall immediately notify the
appropriate regional board and the local health officer and
administrator of environmental health of the discharge.  The regional
board shall notify the state board as appropriate.
   (3) Upon receiving notification of a discharge pursuant to
paragraph (2), the local health officer and administrator of
environmental health shall immediately determine whether notification
of the public is required to safeguard public health and safety.  If
so, the local health officer and administrator of environmental
health shall immediately notify the public of the discharge by
posting notices or other appropriate means.  The notification shall
describe measures to be taken by the public to protect the public
health.
   (b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
   (c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment for
not more than one year, or both.  Except where a discharge to the
waters of this state would have occurred but for cleanup or emergency
response by a public agency, this subdivision shall not apply to any
discharge to land which does not result in a discharge to the waters
of this state.
   (d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
   (e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section.  The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to ground or surface water.
Regulations need not set reportable quantities on all listed
substances at the same time.  Regulations establishing reportable
quantities shall not supersede waste discharge requirements or water
quality objectives adopted pursuant to this division, and shall not
supersede or affect in any way the list, criteria, and guidelines for
the identification of hazardous wastes and extremely hazardous
wastes adopted by the Department of Toxic Substances Control pursuant
to Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.  The regulations of the Environmental
Protection Agency for reportable quantities of hazardous substances
for purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.) shall be in effect for purposes of the enforcement of
this section until the time that the regulations required by this
subdivision are adopted.
   (f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section.  The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to ground or surface water.  Regulations establishing
reportable quantities shall not supersede waste discharge
requirements or water quality objectives adopted pursuant to this
division.  For purposes of this section, "sewage" means the effluent
of a municipal wastewater treatment plant or a private utility
wastewater treatment plant, as those terms are defined in Section
13625, except that sewage does not include recycled water, as defined
in subdivisions (c) and (d) of Section 13529.2.
   (2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
   (g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency.  When
notifying the Office of Emergency Services, the person shall include
all of the notification information required in the permit.
   (h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (e).
13272.  (a) Except as provided by subdivision (b), any person who,
without regard to intent or negligence, causes or permits any oil or
petroleum product to be discharged in or on any waters of the state,
or discharged or deposited where it is, or probably will be,
discharged in or on any waters of the state, shall, as soon as (1)
that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
Office of Emergency Services of the discharge in accordance with the
spill reporting provision of the California oil spill contingency
plan adopted pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7 of Division 1 of Title 2 of the Government Code.  This
section shall not apply to spills of oil into marine waters as
defined in subdivision (f) of Section 8670.3 of the Government Code.
   (b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
   (c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) or more than five thousand
dollars ($5,000) per day for each day of failure to notify, or
imprisonment of not more than one year, or both.  Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state.  This subdivision shall not
apply to any person who is fined by the federal government for a
failure to report a discharge of oil.
   (d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
   (e) Immediate notification to the appropriate regional board of
the discharge, in accordance with reporting requirements set under
Section 13267 or 13383, shall constitute compliance with the
requirements of subdivision (a).
   (f) The reportable quantity for oil or petroleum products shall be
one barrel (42 gallons) or more, by direct discharge to the
receiving waters, unless a more restrictive reporting standard for a
particular body of water is adopted.
13272.1.  Each regional board shall publish and distribute on a
quarterly basis to all public water system operators within the
region of the regional board, a list of discharges of MTBE that
occurred during the quarter and a list of locations where MTBE was
detected in the groundwater within the region of the regional board.
13272.1.  Each regional board shall publish and distribute on a
quarterly basis to all public water system operators within the
region of the regional board, a list of discharges of MTBE that
occurred during the quarter and a list of locations where MTBE was
detected in the groundwater within the region of the regional board.
13273.  (a) The state board shall, on or before January 1, 1986,
rank all solid waste disposal sites, as defined in paragraph (5) of
subdivision (i) of Section 41805.5 of the Health and Safety Code,
based upon the threat they may pose to water quality.  On or before
July 1, 1987, the operators of the first 150 solid waste disposal
sites ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d).  On or before July 1 of each succeeding
year, the operators of the next 150 solid waste disposal sites
ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d).
   (b) Before a solid waste water quality assessment test report may
be submitted to the regional board, a professional geologist,
registered pursuant to Section 7850 of the Business and Professions
Code, a certified engineering geologist, certified pursuant to
Section 7842 of the Business and Professions Code, or a civil
engineer registered pursuant to Section 6762 of the Business and
Professions Code, who has at least five years' experience in
groundwater hydrology, shall certify that the report contains all of
the following information and any other information which the state
board may, by regulation, require:
   (1) An analysis of the surface and groundwater on, under, and
within one mile of the solid waste disposal site to provide a
reliable indication whether there is any leakage of hazardous waste.
   (2) A chemical characterization of the soil-pore liquid in those
areas which are likely to be affected if the solid waste disposal
site is leaking, as compared to geologically similar areas near the
solid waste disposal site which have not been affected by leakage or
waste discharge.
   (c) If the regional board determines that the information
specified in paragraph (1) or (2) is not needed because other
information demonstrates that hazardous wastes are migrating into the
water, the regional board may waive the requirement to submit this
information specified in paragraphs (1) and (2) of subdivision (b).
The regional board shall also notify the Department of Toxic
Substances Control, and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
   (d) The regional board shall examine the report submitted pursuant
to subdivision (b) and determine whether the number, location, and
design of the wells and the soil testing could detect any leachate
buildup, leachate migration, or hazardous waste migration.  If the
regional board determines that the monitoring program could detect
the leachate and hazardous waste, the regional board shall take the
action specified in subdivision (e).  If the regional board
determines that the monitoring program was inadequate, the regional
board shall require the solid waste disposal site to correct the
monitoring program and resubmit the solid waste assessment test based
upon the results from the corrected monitoring program.
   (e) The regional board shall examine the approved solid waste
assessment test report and determine whether any hazardous waste
migrated into the water.  If the regional board determines that
hazardous waste has migrated into the water, it shall notify the
Department of Toxic Substances Control and the California Integrated
Waste Management Board and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
   (f) When a regional board revises the waste discharge requirements
for a solid waste disposal site, the regional board shall consider
the information provided in the solid waste assessment test report
and any other relevant site-specific engineering data provided by the
site operator for that solid waste disposal site as part of a report
of waste discharge.
13273.1.  (a) Except as provided in subdivision (b), an operator of
a solid waste disposal site may submit a solid waste assessment
questionnaire to the appropriate regional board at least 24 months
prior to the site's solid waste water quality assessment test due
date as established pursuant to Section 13273.  The regional board
shall require the operator to submit any additional information, as
needed, or require onsite verification of the solid waste assessment
questionnaire data in order to render a decision pursuant to
subdivision (c).
   (b) Any solid waste disposal site which is larger than 50,000
cubic yards or is known or suspected to contain hazardous substances,
other than household hazardous wastes, shall be prohibited from
submitting a solid waste assessment questionnaire under this section.
   (c) The regional board shall complete a thorough analysis of each
solid waste assessment questionnaire submitted pursuant to this
section by a date 18 months prior to the solid waste assessment test
due date.  Based upon this analysis, the regional board shall
determine whether or not the site has discharged hazardous substances
which will impact the beneficial uses of water.  If  the regional
board determines that the site has not so discharged hazardous
substances, the regional board shall notify the operator that the
operator is not required to prepare a solid waste water quality
assessment test pursuant to Section 13273.
   (d) If the regional board does not make the determination
specified in subdivision (c), the operator shall submit all, or a
portion of, a solid waste water quality assessment test.  The
regional board shall notify the operator of this determination and
indicate if all, or what portion of, a solid waste water quality
assessment test shall be required.  The operator shall submit the
solid waste water quality assessment test, or a portion thereof, by
the date established pursuant to Section 13273.
   (e) The state board shall develop a solid waste assessment
questionnaire and guidelines for submittal no later than three months
after the effective date of this statute adding this section.  The
questionnaire shall contain, but not be limited to, a
characterization of the wastes, size of the site, age of the site,
and other appropriate factors.
   (f) Those operators of solid waste disposal sites listed by the
state board pursuant to Section 13273 in Rank 3 and seeking an
exemption under this section shall submit their solid waste
assessment questionnaire no later than July 1, 1988.  If the regional
board does not make the determination specified in subdivision (c),
the regional board shall require the operator to submit all, or a
portion of, a solid waste water quality assessment test by July 1,
1990.
13273.2.  Notwithstanding subdivision (b) of Section 13273.1, a
regional board may reevaluate the status of any solid waste disposal
site ranked pursuant to Section 13273, including those sites exempted
pursuant to Section 13273.1, and may require the operator to submit
or revise a solid waste water quality assessment test after July 1,
1989.  The regional board shall give written notification to the
operator that a solid waste assessment test is required and the due
date.  This section shall not require submittal of a solid waste
water quality assessment test by a date earlier than established in
accordance with Section 13273.
13273.3.  As used in Sections 13273, 13273.1, and 13273.2, "operator"
means a person who operates or  manages, or who has operated or
managed, the solid waste disposal site.  If the operator of the solid
waste disposal site no longer exists, or is unable, as determined by
the regional board, to comply with the requirements of Section
13273, 13273.1, or 13273.2, "operator" means any person who owns or
who has owned the solid waste disposal site.
13273.5.  Notwithstanding Section 13273, a small city which operates
a Class III solid waste disposal site is not required to submit a
solid waste water quality assessment test report pursuant to Section
13273 if the city has a population of less than 20,000 persons, the
solid waste disposal site receives less than 20,000 tons of waste per
year, the water table of the highest aquifer under the disposal site
is 250 or more feet below the base of the disposal site and the
water in the highest aquifer is not potable, and the site receives
less than an average of 12 inches of rainfall per year.
   This section applies only if the disposal site is operational and
has been granted all required permits as of January 1, 1991, if the
site is located in Kings County, and if the city has completed an
initial solid waste water quality assessment test and a solid waste
air quality assessment test which establish that no significant air
or water contamination has occurred, and, in that event, the city
shall be exempted from conducting further assessment tests for seven
years, or any longer time specified by the regional board, after the
date of the initial assessment tests.
13274.  (a)  (1)  The state board or a regional board, upon receipt
of applications for waste discharge requirements for discharges of
dewatered, treated, or chemically fixed sewage sludge and other
biological solids, shall prescribe general waste discharge
requirements for that sludge and those other solids.  General waste
discharge requirements shall replace individual waste discharge
requirements for sewage sludge and other biological solids, and their
prescription shall be considered to be a ministerial action.
   (2)  The general waste discharge requirements shall set minimum
standards for agronomic applications of sewage sludge and other
biological solids and the use of that sludge and those other solids
as a soil amendment or fertilizer in agriculture, forestry, and
surface mining reclamation, and may permit the transportation of that
sludge and those other solids and the use of that sludge and those
other solids at more than one site.  The requirements shall include
provisions to mitigate significant environmental impacts, potential
soil erosion, odors, the degradation of surface water quality or fish
or wildlife habitat, the accidental release of hazardous substances,
and any potential hazard to the public health or safety.
   (b) The state board or a regional board, in prescribing general
waste discharge requirements pursuant to this section, shall comply
with Division 13 (commencing with Section 21000) of the Public
Resources Code and guidelines adopted pursuant to that division, and
shall consult with the State Air Resources Board, the Department of
Food and Agriculture, and the California Integrated Waste Management
Board.
   (c) The state board or a regional board may charge a reasonable
fee to cover the costs incurred by the board in the administration of
the application process relating to the general waste discharge
requirements prescribed pursuant to this section.
   (d) Notwithstanding any other provision of law, except as
specified in subdivisions (f) to (i), inclusive, general waste
discharge requirements prescribed by a regional board pursuant to
this section supersede regulations adopted by any other state agency
to regulate sewage sludge and other biological solids applied
directly to agricultural lands at agronomic rates.
   (e) The state board or a regional board shall review general waste
discharge requirements for possible amendment upon the request of
any state agency, including, but not limited to, the Department of
Food and Agriculture and the State Department of Health Services, if
the board determines that the request is based on new information.
   (f) Nothing in this section is intended to affect the jurisdiction
of the California Integrated Waste Management Board to regulate the
handling of sewage sludge or other biological solids for composting,
deposit in a landfill, or other use.
   (g) Nothing in this section is intended to affect the jurisdiction
of the State Air Resources Board or an air pollution control
district or air quality management district to regulate the handling
of sewage sludge or other biological solids for incineration.
   (h) Nothing in this section is intended to affect the jurisdiction
of the Department of Food and Agriculture in enforcing Sections
14591 and 14631 of the Food and Agricultural Code and any regulations
adopted pursuant to those sections, regarding the handling of sewage
sludge and other biological solids sold or used as fertilizer or as
a soil amendment.
   (i) Nothing in this section restricts the authority of a local
government agency to regulate the application of sewage sludge and
other biological solids to land within the jurisdiction of that
agency, including, but not limited to, the planning authority of the
Delta Protection Commission, the resource management plan of which is
required to be implemented by local government general plans.
13274.  (a) Notwithstanding any other provision of law, any public
water system regulated by the State Department of Health Services
shall have the same legal rights and remedies against a responsible
party, when the water supply used by that public water system is
contaminated, as those of a private land owner whose groundwater has
been contaminated.
   (b) For purposes of this section, "responsible party" has the same
meaning as defined in Section 25323.5 of the Health and Safety Code.