SECTIONS 13140-13148 - California Statutes

WATER CODE

SECTION 13140-13148

13140. The state board shall formulate and adopt state policy for
water quality control. Such policy shall be adopted in accordance
with the provisions of this article and shall be in conformity with
the policies set forth in Chapter 1 (commencing with Section 13000).

13141. State policy for water quality control adopted or revised in
accordance with the provisions of this article, and regional water
quality control plans approved or revised in accordance with Section
13245, shall become a part of the California Water Plan effective
when such state policy for water quality control, and such regional
water quality control plans have been reported to the Legislature at
any session thereof.
However, prior to implementation of any agricultural water quality
control program, an estimate of the total cost of such a program,
together with an identification of potential sources of financing,
shall be indicated in any regional water quality control plan.

13142. State policy for water quality control shall consist of all
or any of the following:
(a) Water quality principles and guidelines for long-range
resource planning, including ground water and surface water
management programs and control and use of recycled water.
(b) Water quality objectives at key locations for planning and
operation of water resource development projects and for water
quality control activities.
(c) Other principles and guidelines deemed essential by the state
board for water quality control.
The principles, guidelines, and objectives shall be consistent
with the state goal of providing a decent home and suitable living
environment for every Californian.

13142.5. In addition to any other policies established pursuant to
this division, the policies of the state with respect to water
quality as it relates to the coastal marine environment are that:
(a) Wastewater discharges shall be treated to protect present and
future beneficial uses, and, where feasible, to restore past
beneficial uses of the receiving waters. Highest priority shall be
given to improving or eliminating discharges that adversely affect
any of the following:
(1) Wetlands, estuaries, and other biologically sensitive sites.
(2) Areas important for water contact sports.
(3) Areas that produce shellfish for human consumption.
(4) Ocean areas subject to massive waste discharge.
Ocean chemistry and mixing processes, marine life conditions,
other present or proposed outfalls in the vicinity, and relevant
aspects of areawide waste treatment management plans and programs,
but not of convenience to the discharger, shall for the purposes of
this section, be considered in determining the effects of such
discharges. Toxic and hard-to-treat substances should be pretreated
at the source if such substances would be incompatible with effective
and economical treatment in municipal treatment plants.
(b) For each new or expanded coastal powerplant or other
industrial installation using seawater for cooling, heating, or
industrial processing, the best available site, design, technology,
and mitigation measures feasible shall be used to minimize the intake
and mortality of all forms of marine life.
(c) Where otherwise permitted, new warmed or cooled water
discharges into coastal wetlands or into areas of special biological
importance, including marine reserves and kelp beds, shall not
significantly alter the overall ecological balance of the receiving
area.
(d) Independent baseline studies of the existing marine system
should be conducted in the area that could be affected by a new or
expanded industrial facility using seawater in advance of the
carrying out of the development.
(e) (1) Adequately treated recycled water should, where feasible,
be made available to supplement existing surface and underground
supplies and to assist in meeting future water requirements of the
coastal zone, and consideration, in statewide programs of financial
assistance for water pollution or water quality control, shall be
given to providing optimum water recycling and use of recycled water.
(2) If recycled water is available for industrial use, any
discharge to waters in the coastal zone, including the San Francisco
Bay, after industrial use, may be authorized if all of the following
conditions are met:
(A) The discharge will not unreasonably affect beneficial uses.
(B) The discharge is consistent with applicable water quality
control plans and state policy for water quality control.
(C) The use of recycled water is consistent with Chapter 7
(commencing with Section 13500).
(D) The discharge is consistent with all applicable requirements
of Chapter 5.5 (commencing with Section 13370).
(E) The discharge is to the same general receiving water location
as that to which the wastewater would be discharged if not reused.
(3) Any requirement imposed pursuant to Section 13263 or 13377
shall be adjusted to reflect a credit for waste present in the
recycled water before reuse. The credit shall be limited to the
difference between the amount of waste present in the nonrecycled
water supply otherwise available to the industry and the amount of
waste present in the recycled water.
(4) If the amount of waste in the discharge exceeds prescribed
requirements because the amount of waste in the recycled water is in
excess of that agreed to be furnished by the supplier to the
discharger, no enforcement action shall be taken against the
discharger unless both of the following statements apply:
(A) The supplier of the recycled water fails to correct the
problem within 30 days after the cause of the problem is identified,
or within any greater period of time agreed to by the appropriate
regional board.
(B) The discharger continues to receive the recycled water from
the supplier.
(f) This section shall not apply to industrial discharges into
publicly owned treatment works.

13143. State policy for water quality control shall be periodically
reviewed and may be revised.

13144. During the process of formulating or revising state policy
for water quality control the state board shall consult with and
carefully evaluate the recommendations of concerned federal, state,
and local agencies.

13145. The state board shall take into consideration the effect of
its actions pursuant to this chapter on the California Water Plan as
adopted or revised pursuant to Division 6 (commencing with Section
10000) of this code, and on any other general or coordinated
governmental plan looking toward the development, utilization, or
conservation of the waters of the state.

13146. State offices, departments and boards, in carrying out
activities which affect water quality, shall comply with state policy
for water quality control unless otherwise directed or authorized by
statute, in which case they shall indicate to the state board in
writing their authority for not complying with such policy.

13147. The state board shall not adopt state policy for water
quality control unless a public hearing is first held respecting the
adoption of such policy. At least 60 days in advance of such hearing
the state board shall notify any affected regional boards, unless
notice is waived by such boards, and shall give notice of such
hearing by publication within the affected region pursuant to Section
6061 of the Government Code. The regional boards shall submit
written reommendations to the state board at least 20 days in advance
of the hearing.

13148. (a) This section applies to the following hydrologic regions
as identified in the California Water Plan: Central Coast, South
Coast, San Joaquin River, Tulare Lake, and the Counties of Butte,
Glenn, Placer, Sacramento, Solano, Sutter, and Yolo.
(b) Notwithstanding Article 1 (commencing with Section 116775) of
Chapter 5 of Part 12 of Division 104 of the Health and Safety Code,
any local agency that owns or operates a community sewer system or
water recycling facility and that is subject to a finding made by a
regional board pursuant to subdivision (e) may take action to control
salinity input from residential self-regenerating water softeners to
protect the quality of the waters of the state. A local agency may
take action only by adoption of an ordinance or resolution after a
public hearing. The local agency shall not consider the adoption of
an ordinance or resolution until at least 30 days following the date
of the public hearing on the proposed ordinance or resolution. An
ordinance or resolution shall become effective 30 days from the date
of adoption.
(c) Actions to control residential self-regenerating water
softener salinity inputs authorized by subdivision (b) include, but
are not limited to, any of the following:
(1) Require that residential self-regenerating water softeners
installed within the jurisdiction of the local agency be rated at the
highest efficiency commercially available and certified by NSF
International or the American National Standards Institute.
(2) Require that plumbing permits be obtained prior to the
installation of residential self-regenerating water softeners.
(3) Require that residential self-regenerating water softeners be
plumbed to hook up to hot water only.
(4) Enact a voluntary buy-back or exchange program for residential
self-regenerating water softeners, consistent with existing law. A
voluntary buy-back or exchange program may be conducted in
cooperation with local water treatment businesses.
(5) Require the removal of previously installed residential
self-regenerating water softeners.
(6) Prohibit the installation of residential self-regenerating
water softeners.
(7) Require the retrofit of clock control and demand control
systems on previously installed residential self-regenerating water
softeners.
(8) Require the replacement of previously installed residential
self-regenerating water softeners with appliances that meet or exceed
the salt efficiency rating set forth in paragraph (2) of subdivision
(b) of Section 116785 of the Health and Safety Code.
(d) If a local agency adopts an ordinance or resolution to require
the removal of previously installed residential self-regenerating
water softeners pursuant to paragraph (5) of subdivision (c), the
local agency shall make available to owners of residential
self-regenerating water softeners within its service area a program
to compensate the owner of the residential self-regenerating water
softener for the reasonable value of the removed residential
self-regenerating water softener, as determined by the local agency.
(e) Before a local agency may take action to control salinity
input from residential self-regenerating water softeners pursuant to
subdivision (b), a regional board with jurisdiction over a region
identified in subdivision (a) shall have made a finding at a public
hearing that the control of residential salinity input will
contribute to the achievement of water quality objectives. The
finding may be made in any of the following water quality actions
adopted by a regional board:
(1) A total maximum daily load that addresses salinity-related
pollutants in a water segment.
(2) A salt and nutrient management plan for a groundwater basin or
subbasin.
(3) Waste discharge requirements for a local agency discharger.
(4) Master reclamation permit for a supplier or distributor of
recycled water.
(5) Water recycling requirements for a supplier or distributor of
recycled water.
(6) Cease and desist order directed to a local agency.
(f) The regional board making a finding pursuant to subdivision
(e) shall base its finding on the evidence in the record, such as a
source determination study or other appropriate studies. The standard
of judicial review required for a finding made pursuant to
subdivision (e) shall be the same as the standard of review required
for the water quality action in which the finding is made.
(g) This section does not limit the use of portable exchange water
softening appliances or limit the authority of a local agency to
regulate the discharge from a centralized portable exchange tank
servicing facility into the community sewer system.
(h) For purposes of this section, "residential self-regenerating
water softener" means residential water softening equipment or
conditioning appliances that discharge brine into a community sewer
system.