Water Code - Division 7: Water Quality - Chapter 4.1: Onsite Sewage Treatment Systems (secs. 13290 - 13291.7)

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. 106 Porter-Cologne Act and Related Water Code Sections January 2016 (2) Requirements for onsite sewage treatment systems adjacent to impaired waters identified pursuant to subdivision (d) of Section 303 of the Clean Water Act (33 U.S.C. Sec. 1313(d)). (3) Requirements authorizing a qualified local agency to implement those requirements adopted under this chapter within its jurisdiction if that local agency requests that authorization. (4) Requirements for corrective action when onsite sewage treatment systems fail to meet the requirements or standards. (5) Minimum requirements for monitoring used to determine system or systems performance, if applicable. (6) Exemption criteria to be established by regional boards. (7) Requirements for determining a system that is subject to a major repair, as provided in paragraph (2) of subdivision (a). (c) This chapter does not diminish or otherwise affect the authority of a local agency to carry out laws, other than this chapter, that relate to onsite sewage treatment systems. (d) This chapter does not preempt any regional board or local agency from adopting or retaining standards for onsite sewage treatment systems that are more protective of the public health or the environment than this chapter. (e) Each regional board shall incorporate the regulations or standards adopted pursuant to subdivisions (a) and (b) into the appropriate regional water quality control plans. (Amended by Stats. 2010, Ch. 288, Sec. 26. Effective January 1, 2011.) § 13291.5. [Legislative intent] It is the intent of the Legislature to assist private property owners with existing systems who incur costs as a result of the implementation of the regulations established under this section by encouraging the state board to make loans under Chapter 6.5 (commencing with Section 13475) to local agencies to assist private property owners whose cost of compliance with these regulations exceeds one-half of one percent of the current assessed value of the property on which the onsite sewage system is located. (Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.) § 13291.7. [Non-limiting clause] Nothing in this chapter shall be construed to limit the land use authority of any city, county, or city and county. (Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.) CHAPTER 4.7. FAIRNESS AND DUE PROCESS [13292. - 13292.] (Chapter 4.7 added by Stats. 2002, Ch. 604, Sec. 1.) § 13292. [Review of regional boards’ public participation procedures; report to Legislature; copies of comments; training] 107 California State Water Resources Control Board (a) It is the responsibility of the state board to provide guidance to the regional boards in matters of procedure, as well as policy and regulation. In order to ensure that regional boards are providing fair, timely, and equal access to all participants in regional board proceedings, the state board shall undertake a review of the regional boards’ public participation procedures. As part of the review process, and upon request by the state board, the regional boards shall solicit comments from participants in their proceedings. Upon completion of the review, the state board shall report to the Legislature regarding its findings and include recommendations to improve regional board public participation processes. (b) (1) The state board shall provide annual training to regional board members to improve public participation and adjudication procedures at the regional level. (2) Paragraph (1) shall be implemented only during fiscal years for which funding is provided for the purposes of that paragraph in the annual Budget Act or in another statute. (Amended by Stats. 2006, Ch. 404, Sec. 2. Effective January 1, 2007.) CHAPTER 5. ENFORCEMENT AND IMPLEMENTATION [13300. - 13365.] (Chapter 5 added by Stats. 1969, Ch. 482.) Article 1. Administrative Enforcement and Remedies [13300. - 13308.] (Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27.) § 13300. [Time schedules] Whenever a regional board finds that a discharge of waste is taking place or threatening to take place that violates or will violate requirements prescribed by the regional board, or the state board, or that the waste collection, treatment, or disposal facilities of a discharger are approaching capacity, the board may require the discharger to submit for approval of the board, with such modifications as it may deem necessary, a detailed time schedule of specific actions the discharger shall take in order to correct or prevent a violation of requirements. (Amended by Stats. 1971, Ch. 1288.) § 13301. [Cease and desist order] When a regional board finds that a discharge of waste is taking place, or threatening to take place, in violation of requirements or discharge prohibitions prescribed by the regional board or the state board, the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions (a) comply forthwith, (b) comply in accordance with a time schedule set by the board, or (c) in the event of a threatened violation, take appropriate remedial or preventive action. In the event of an existing or threatened violation of waste discharge requirements in