Water Code - Division 7: Water Quality - Chapter 4.1: Ex Parte Communications (secs. 13287 - 13287)

103 California State Water Resources Control Board state and federal funds to establish a sanitary public domestic and commercial wastewater disposal system. (Added by Stats. 2001, Ch. 700, Sec. 2. Effective January 1, 2002.) § 13286.9. [Secondary treatment requirements for Orange County Sanitation District] On and after the date determined by the Santa Ana Regional Water Quality Control Board, or January 1, 2013, whichever is earlier, all wastewater discharged by the Orange County Sanitation District into the Pacific Ocean shall be subject to at least secondary treatment requirements pursuant to subparagraph (B) of paragraph (1) of subsection (b) of Section 301 of the Clean Water Act (33 U.S.C. Sec. 1311(b)(1)(B)), and any more stringent requirements determined to be appropriate by the state board or that regional board. (Added by Stats. 2002, Ch. 1019, Sec. 1. Effective September 28, 2002.) CHAPTER 4.1. EX PARTE COMMUNICATIONS [13287. - 13287.] (Chapter 4.1 added by Stats. 2012, Ch. 551, Sec. 4.) § 13287. [Definitions; ex parte communications for certain general orders; disclosure requirements and remedies] (a) For the purposes of this section: (1) “Board” means the state board or a regional board. (2) “Ex parte communication” means an oral or written communication with one or more board members concerning matters, other than a matter of procedure or practice that is not in controversy, under the jurisdiction of a board, regarding a pending action of the board that satisfies both of the following: (A) The action does not identify specific persons as dischargers, but instead allows persons to enroll or file an authorization to discharge under the action. (B) The action is for adoption, modification, or rescission of one or more of the following: (i) Waste discharge requirements pursuant to Section 13263 or 13377. (ii) Conditions of water quality certification pursuant to Section 13160. (iii) Conditional waiver of waste discharge requirements pursuant to Section 13269. (3) “Interested person” means any of the following: (A) Any person who will be required to enroll or file authorization to discharge pursuant to the action at issue before the board or that person’s agents or employees, including persons receiving consideration to represent that person. (B) Any person with a financial interest, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9 of the Government 104 Porter-Cologne Act and Related Water Code Sections January 2016 Code, in a matter at issue before a board, or that person’s agents or employees, including persons receiving consideration to represent that person. (C) A representative acting on behalf of any formally organized civic, environmental, neighborhood, business, labor, trade, or similar association who intends to influence the decision of a board member on a matter before the board. (b) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to a board action identified in paragraph (2) of subdivision (a). This section only applies to those actions. (c) For the purposes of this section, and except as limited by subdivision (d), ex parte communications regarding a board action identified in paragraph (2) of subdivision (a) may be permitted as follows: (1) All ex parte communications shall be reported by the interested person, regardless of whether the communication was initiated by the interested person. (2) A notice of ex parte communication shall be filed with the board within seven working days of the communication. The notice may address multiple ex parte communications in the same proceeding, provided that notice of each communication identified therein is timely. The notice shall include all of the following information: (A) The date, time, and location of the communication, and whether it was oral or written, or both. (B) The identities of each board member involved, the person initiating the communication, and any persons present during the communication. (C) A description of the interested person’s communication and the content of this communication. A copy of any written, audiovisual, or other material used for or during the communication shall be attached to this description. (3) Board staff shall promptly post any notices provided pursuant to paragraph (2) on the board’s Internet Web site and distribute the notice on any available electronic distribution list concerning the action. (d) A board may prohibit ex parte communications for a period beginning not more than 14 days before the day of a board meeting at which the decision in the proceeding is scheduled for board action. If a board continues the decision, it may permit ex parte communications during the interval between the originally scheduled date and the date that the decision is calendared for final decision, and may prohibit ex parte communications for 14 days before the day of the board meeting to which the decision is continued. (e) If an interested person fails to provide any required notice in the manner required by this section, the board may use any of the remedies 105 California State Water Resources Control Board available pursuant to the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code), including the issuance of an enforcement order, or sanctions pursuant to Article 12 (commencing with Section 11455.10) of Chapter 4 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2012, Ch. 551, Sec. 4. Effective January 1, 2013.) CHAPTER 4.5. ONSITE SEWAGE TREATMENT SYSTEMS [13290. - 13291.7.] (Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1.) § 13290. [Definitions] For the purposes of this chapter: (a) “Local agency” means any of the following entities: (1) A city, county, or city and county. (2) A special district formed pursuant to general law or special act for the local performance of functions regarding onsite sewage treatment systems within limited boundaries. (b) “Onsite sewage treatment systems” includes individual disposal systems, community collection and disposal systems, and alternative collection and disposal systems that use subsurface disposal. (Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.) § 13291. [Adoption of regulations or standards] (a) On or before January 1, 2004, the state board, in consultation with the State Department of Public Health, the California Coastal Commission, the California Conference of Directors of Environmental Health, counties, cities, and other interested parties, shall adopt regulations or standards for the permitting and operation of all of the following onsite sewage treatment systems in the state and shall apply those regulations or standards commencing six months after their adoptions: (1) Any system that is constructed or replaced. (2) Any system that is subject to a major repair. (3) Any system that pools or discharges to the surface. (4) Any system that, in the judgment of a regional board or authorized local agency, discharges waste that has the reasonable potential to cause a violation of water quality objectives, or to impair present or future beneficial uses of water, to cause pollution, nuisance, or contamination of the waters of the state. (b) Regulations or standards adopted pursuant to subdivision (a), shall include, but shall not be limited to, all of the following: (1) Minimum operating requirements that may include siting, construction, and performance requirements.