Chapter 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972

California Water Code — §§ 13370-13389

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Sections (29)

Amended by Stats. 1987, Ch. 1189, Sec. 1.

The Legislature finds and declares as follows:

(a)The Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, provides for permit systems to regulate the discharge of pollutants and dredged or fill material to the navigable waters of the United States and to regulate the use and disposal of sewage sludge.
(b)The Federal Water Pollution Control Act, as amended, provides that permits may be issued by states which are authorized to implement the provisions of that act.
(c)It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this division, to enact this chapter in order to authorize the state to implement the provisions of the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto, provided, that the state board shall request federal funding under the Federal Water Pollution Control Act for the purpose of carrying out its responsibilities under this program.

Added by Stats. 1984, Ch. 1542, Sec. 1.

(a)The Legislature finds and declares that, since the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, and applicable federal regulations (40 C.F.R. 403 et seq.) provide for a pretreatment program to regulate the discharge of pollutants into publicly owned treatment works and provide that states with approved national pollutant discharge elimination system (NPDES) permit programs shall apply for approval of a state pretreatment program, it is in the interest of the people of the state to enact this section in order to avoid direct regulation by the federal government of publicly owned treatment works already subject to regulation under state law pursuant to this division.
(b)The state board shall develop a state pretreatment program and shall, not later than September 1, 1985, apply to the Environmental Protection Agency for approval of the pretreatment program in accordance with federal requirements.

Amended by Stats. 2003, Ch. 683, Sec. 5. Effective January 1, 2004.

(a)This chapter shall be construed to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. To the extent other provisions of this division are consistent with the provisions of this chapter and with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, those provisions apply to actions and procedures provided for in this chapter. The provisions of this chapter shall prevail over other provisions of this division to the extent of any inconsistency. The provisions of this chapter apply only to actions required under the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto.
(b)The provisions of Section 13376 requiring the filing of a report for the discharge of dredged or fill material and the provisions of this chapter relating to the issuance of dredged or fill material permits by the state board or a regional board shall be applicable only to discharges for which the state has an approved permit program, in accordance with the provisions of the Federal Water Pollution Control Act, as amended, for the discharge of dredged or fill material.

Amended by Stats. 1987, Ch. 1189, Sec. 4.

The terms “navigable waters,” “administrator,” “pollutants,” “biological monitoring,” “discharge” and “point sources” as used in this chapter shall have the same meaning as in the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto.

Added by Stats. 1972, Ch. 1256.

The term “waste discharge requirements” as referred to in this division is the equivalent of the term “permits” as used in the Federal Water Pollution Control Act, as amended.

Added by Stats. 1972, Ch. 1256.

The discharge of any radiological, chemical, or biological warfare agent into the waters of the state is hereby prohibited.

Amended by Stats. 2010, Ch. 288, Sec. 32. (SB 1169) Effective January 1, 2011.

A person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state shall file a report of the discharge in compliance with the procedures set forth in Section 13260. Unless required by the state board or a regional board, a report need not be filed under this section for discharges that are not subject to the permit application requirements of the Federal Water Pollution Control Act, as amended. A person who proposes to discharge pollutants or dredged or fill material or to operate a publicly owned

treatment works or other treatment works treating domestic sewage shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants or dredged or fill material or the operation of the treatment works. A person who owns or operates a publicly owned treatment works or other treatment works treating domestic sewage, which treatment works commenced operation before January 1, 1988, and does not discharge to navigable waters of the United States, shall file a report within 45 days of a written request by a regional board or the state board, or within 45 days after the state has an approved permit program for the use and disposal of sewage sludge, whichever occurs earlier. The discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits, is prohibited. This

prohibition does not apply to discharges or operations if a state or federal permit is not required under the Federal Water Pollution Control Act, as amended.

Amended by Stats. 1978, Ch. 746.

Notwithstanding any other provision of this division, the state board or the regional boards shall, as required or authorized by the Federal Water Pollution Control Act, as amended, issue waste discharge requirements and dredged or fill material permits which apply and ensure compliance with all applicable provisions of the act and acts amendatory thereof or supplementary, thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance.

Amended by Stats. 1978, Ch. 746.

Waste discharge requirements and dredged or fill material permits shall be adopted only after notice and any necessary hearing. Such requirements or permits shall be adopted for a fixed term not to exceed five years for any proposed discharge, existing discharge, or any material change therein.

Amended by Stats. 1978, Ch. 746.

Any waste discharge requirements or dredged or fill material permits adopted under this chapter shall be reviewed at least every five years and, if appropriate, revised.

Amended by Stats. 1978, Ch. 746.

Waste discharge requirements or dredged or fill material permits may be terminated or modified for cause, including, but not limited to, all of the following:

(a)Violation of any condition contained in the requirements or permits.
(b)Obtaining the requirements by misrepresentation, or failure to disclose fully all relevant facts.
(c)A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

Amended by Stats. 1984, Ch. 1461, Sec. 1.

Waste discharge requirements shall be adopted to control the disposal of pollutants into wells or in areas where pollutants may enter into a well from the surrounding groundwater.

Added by Stats. 1978, Ch. 618.

Waste discharge requirements shall be adopted to permit the discharge of a specific pollutant or pollutants in a controlled manner from a point source to a defined managed aquaculture project if such discharge meets all applicable requirements of the Federal Water Pollution Control Act and acts amendatory thereof and supplementary thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans.

Amended by Stats. 2003, Ch. 683, Sec. 6. Effective January 1, 2004.

(a)The state board or a regional board may establish monitoring, inspection, entry, reporting, and recordkeeping requirements, as authorized by Section 13160, 13376, or 13377 or by subdivisions (b) and (c) of this section, for any person who discharges, or proposes to discharge, to navigable waters, any person who introduces pollutants into a publicly owned treatment works, any person who owns or operates, or proposes to own or operate, a publicly owned treatment works or other treatment works treating domestic sewage, or any person who uses or disposes, or proposes to use or dispose, of sewage sludge.
(b)The state board or the regional boards may require any person subject to this section to establish and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods, sample effluent as prescribed, and provide other information as may be reasonably required.
(c)The state board or a regional board may inspect the facilities of any person subject to this section pursuant to the procedure set forth in subdivision (c) of Section 13267.

Amended by Stats. 2022, Ch. 678, Sec. 4. (SB 891) Effective January 1, 2023.

(a)On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
(b)On or before June 1, 2023, the state board shall require all recipients of a nonapplicability (NONA) identification number or no exposure certification (NEC) identification number issued for a facility by the state board on or after January 1, 2020, to upload all pertinent information used to seek a NONA or NEC to the state board’s Stormwater Multiple Application and Report Tracking System database.

Added by Stats. 2001, Ch. 492, Sec. 1. Effective January 1, 2002.

(a)As used in this section, “regulated municipalities and industries” means the municipalities and industries required to obtain a storm water permit under Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) and implementing regulations.
(b)This section only applies to regulated municipalities that were subject to a storm water permit on or before December 31, 2001, and to regulated industries that are subject to the General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities.
(c)Before January 1, 2003, the state board shall develop minimum monitoring requirements for each regulated municipality and minimum standard monitoring requirements for regulated industries. This program shall include, but is not limited to, all of the following:
(1)Standardized methods for collection of storm water samples.
(2)Standardized methods for analysis of storm water samples.
(3)A requirement that every sample analysis under this program be completed by a state certified laboratory or by the regulated municipality or industry in the field in accordance with the quality assurance and quality control protocols established pursuant to this section.
(4)A standardized reporting format.
(5)Standard sampling and analysis programs for quality assurance and quality control.
(6)Minimum detection limits.
(7)Annual reporting requirements for regulated municipalities and industries.
(8)For the purposes of determining constituents to be sampled for, sampling intervals, and sampling frequencies, to be included in a municipal storm water permit monitoring program, the regional board shall consider the following information, as the regional board determines to be applicable:
(A)Discharge characterization monitoring data.
(B)Water quality data collected through the permit monitoring program.
(C)Applicable water quality data collected, analyzed, and reported by federal, state, and local agencies, and other public and private entities.
(D)Any applicable listing under Section 303(d) of the Clean Water Act (33 U.S.C. Sec. 1313).
(E)Applicable water quality objectives and criteria established in accordance with the regional board basin plans, statewide plans, and federal regulations.
(F)Reports and studies regarding source contribution of pollutants in runoff not based on direct water quality measurements.
(d)The requirements prescribed pursuant to this section shall be included in all storm water permits for regulated municipalities and industries that are reissued following development of the requirements described in subdivision (c). Those permits shall include these provisions on or before July 1, 2008. In a year in which the Legislature appropriates sufficient funds for that purpose, the state board shall make available to the public via the Internet a summary of the results obtained from storm water monitoring conducted in accordance with this section.

Added by Stats. 2005, Ch. 581, Sec. 7. Effective January 1, 2006.

On and after January 1, 2007, if a regional board or the state board issues a municipal stormwater permit pursuant to Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) that includes a requirement to provide elementary and secondary public schools with educational materials on stormwater pollution, the permittee may satisfy the requirement, upon approval by the regional board or state board, by contributing an equivalent amount of funds to the Environmental Education Account established pursuant to subdivision (a) of Section 71305 of the Public Resources Code.

Added by Stats. 2007, Ch. 610, Sec. 6. Effective January 1, 2008.

(a)No later than July 1, 2009, and after holding public workshops and soliciting public comments, the state board shall develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs undertaken, and permits issued, in accordance with Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) and this division.
(b)For the purpose of implementing subdivision (a), the state board shall promote the use of quantifiable measures for evaluating the effectiveness of municipal stormwater management programs and provide for the evaluation of, at a minimum, all of the following:
(1)Compliance with stormwater permitting requirements, including all of the following:
(A)Inspection programs.
(B)Construction controls.
(C)Elimination of unlawful discharges.
(D)Public education programs.
(E)New development and redevelopment requirements.
(2)Reduction of pollutant loads from pollution sources.
(3)Reduction of pollutants or stream erosion due to stormwater discharge.
(4)Improvements in the quality of receiving water in accordance with water quality standards.
(c)The state board and the regional boards shall refer to the guidance document developed pursuant to subdivision (a) when establishing requirements in municipal stormwater programs and permits.

Added by Stats. 2007, Ch. 610, Sec. 7. Effective January 1, 2008.

(a)The state board shall appoint a stormwater management task force comprised of public agencies, representatives of the regulated community, and nonprofit organizations with expertise in water quality and stormwater management. The task force shall provide advice to the state board on its stormwater management program that may include, but is not limited to, program priorities, funding criteria, project selection, and interagency coordination of state programs that address stormwater management.
(b)The state board shall submit a report, including, but not limited to, stormwater and other polluted runoff control information, to the Ocean Protection Council no later than January 1, 2009, on the way in which the state board is implementing the priority goals and objectives of the council’s strategic plan.

Added by Stats. 2016, Ch. 153, Sec. 1. (SB 1260) Effective January 1, 2017.

The state board shall establish an online resource center that addresses measures available for municipalities to comply with municipal stormwater permit requirements and may include the following information:

(a)Links to the following:
(1)Relevant state, federal, and local agencies regarding municipal separate storm sewer system national pollutant discharge elimination system permits.
(2)Water quality mitigation measures for watershed management programs or enhanced watershed management programs.
(3)Various regional agencies related to stormwater, including, but not

limited to, public works departments and special districts.

(b)A library of scientific studies relevant to stormwater issues confronting our communities.

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