SECTIONS 13240-13248 - California Statutes

WATER CODE

SECTION 13240-13248

13240. Each regional board shall formulate and adopt water quality
control plans for all areas within the region. Such plans shall
conform to the policies set forth in Chapter 1 (commencing with
Section 13000) of this division and any state policy for water
quality control. During the process of formulating such plans the
regional boards shall consult with and consider the recommendations
of affected state and local agencies. Such plans shall be
periodically reviewed and may be revised.

13241. Each regional board shall establish such water quality
objectives in water quality control plans as in its judgment will
ensure the reasonable protection of beneficial uses and the
prevention of nuisance; however, it is recognized that it may be
possible for the quality of water to be changed to some degree
without unreasonably affecting beneficial uses. Factors to be
considered by a regional board in establishing water quality
objectives shall include, but not necessarily be limited to, all of
the following:
(a) Past, present, and probable future beneficial uses of water.
(b) Environmental characteristics of the hydrographic unit under
consideration, including the quality of water available thereto.
(c) Water quality conditions that could reasonably be achieved
through the coordinated control of all factors which affect water
quality in the area.
(d) Economic considerations.
(e) The need for developing housing within the region.
(f) The need to develop and use recycled water.

13242. The program of implementation for achieving water quality
objectives shall include, but not be limited to:
(a) A description of the nature of actions which are necessary to
achieve the objectives, including recommendations for appropriate
action by any entity, public or private.
(b) A time schedule for the actions to be taken.
(c) A description of surveillance to be undertaken to determine
compliance with objectives.

13243. A regional board, in a water quality control plan or in
waste discharge requirements, may specify certain conditions or areas
where the discharge of waste, or certain types of waste, will not be
permitted.

13244. The regional boards shall not adopt any water quality
control plan unless a public hearing is first held, after the giving
of notice of such hearing by publication in the affected county or
counties pursuant to Section 6061 of the Government Code. When the
plan proposes to prohibit discharges of waste pursuant to Section
13243, similar notice shall be given by publication pursuant to
Section 6061.3 of the Government Code.

13245. A water quality control plan, or a revision thereof adopted
by a regional board, shall not become effective unless and until it
is approved by the state board. The state board may approve such
plan, or return it to the regional board for further consideration
and resubmission to the state board. Upon resubmission the state
board may either approve or, after a public hearing in the affected
region, revise and approve such plan.

13245.5. Guidelines adopted by a regional board shall not become
effective unless and until approved by the state board.

13246. (a) The state board shall act upon any water quality control
plan not later than 60 days from the date the regional board
submitted the plan to the state board, or 90 days from the date of
resubmission of the plan.
(b) When the state board is acting upon a water quality control
plan that is being amended solely for an action related to a regional
board's total maximum daily load submittal, not including submittals
related to listing, the state board shall not exceed the 60-day
timeline, inclusive of the time spent sending the submittal back to
the regional board, unless one of the following circumstances exists:
(1) The proposed amendment is for an exceedingly complex total
maximum daily load. In order to determine if a total maximum daily
load is exceedingly complex, the state board may consider a number of
factors including, but not limited to, the volume of the record, the
number of pollutants included, the number of dischargers and land
uses involved, and the size of the watershed. The reason or reasons
that any total maximum daily load is determined to be exceedingly
complex shall be provided by the state board to the regional board in
writing.
(2) The submittal by the regional board is clearly incomplete.

13247. State offices, departments, and boards, in carrying out
activities which may affect water quality, shall comply with water
quality control plans approved or adopted by the state board unless
otherwise directed or authorized by statute, in which case they shall
indicate to the regional boards in writing their authority for not
complying with such plans.

13248. (a) At any time, the state board may, on its own motion,
review the regional board's failure to act under this article.
(b) The state board may find that the failure of the regional
board to act was appropriate and proper. Upon finding that the
failure of the regional board to act was inappropriate or improper,
the state board may direct that appropriate action be taken by the
regional board, refer the matter to another state agency having
jurisdiction, take appropriate action itself, or take any combination
of those actions. In taking any action, the state board is vested
with all the powers of the regional boards under this division.