SECTIONS 13300-13308 - California Statutes

WATER CODE

SECTION 13300-13308

13300. 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.

13301. 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 the operation of a
community sewer system, cease and desist orders may restrict or
prohibit the volume, type, or concentration of waste that might be
added to that system by dischargers who did not discharge into the
system prior to the issuance of the cease and desist order. Cease and
desist orders may be issued directly by a board, after notice and
hearing.

13301.1. The regional board shall render to persons against whom a
cease and desist order is issued pursuant to Section 13301 all
possible assistance in making available current information on
successful and economical water quality control programs, as such
information is developed by the state board pursuant to Section
13167, and information and assistance in applying for federal and
state funds necessary to comply with the cease and desist order.

13303. Cease and desist orders of the board shall become effective
and final upon issuance thereof. Copies shall be served forthwith by
personal service or by registered mail upon the person being charged
with the violation of the requirements and upon other affected
persons who appeared at the hearing and requested a copy.

13304. (a) Any person who has discharged or discharges waste into
the waters of this state in violation of any waste discharge
requirement or other order or prohibition issued by a regional board
or the state board, or who has caused or permitted, causes or
permits, or threatens to cause or permit any waste to be discharged
or deposited where it is, or probably will be, discharged into the
waters of the state and creates, or threatens to create, a condition
of pollution or nuisance, shall upon order of the regional board,
clean up the waste or abate the effects of the waste, or, in the case
of threatened pollution or nuisance, take other necessary remedial
action, including, but not limited to, overseeing cleanup and
abatement efforts. A cleanup and abatement order issued by the state
board or a regional board may require the provision of, or payment
for, uninterrupted replacement water service, which may include
wellhead treatment, to each affected public water supplier or private
well owner. Upon failure of any person to comply with the cleanup or
abatement order, the Attorney General, at the request of the board,
shall petition the superior court for that county for the issuance of
an injunction requiring the person to comply with the order. In the
suit, the court shall have jurisdiction to grant a prohibitory or
mandatory injunction, either preliminary or permanent, as the facts
may warrant.
(b) (1) The regional board may expend available money to perform
any cleanup, abatement, or remedial work required under the
circumstances set forth in subdivision (a), including, but not
limited to, supervision of cleanup and abatement activities that, in
its judgment, is required by the magnitude of the endeavor or the
urgency for prompt action to prevent substantial pollution, nuisance,
or injury to any waters of the state. The action may be taken in
default of, or in addition to, remedial work by the waste discharger
or other persons, and regardless of whether injunctive relief is
being sought.
(2) The regional board may perform the work itself, or with the
cooperation of any other governmental agency, and may use rented
tools or equipment, either with operators furnished or unoperated.
Notwithstanding any other provisions of law, the regional board may
enter into oral contracts for the work, and the contracts, whether
written or oral, may include provisions for equipment rental and in
addition the furnishing of labor and materials necessary to
accomplish the work. The contracts are not subject to approval by the
Department of General Services.
(3) The regional board shall be permitted reasonable access to the
affected property as necessary to perform any cleanup, abatement, or
other remedial work. The access shall be obtained with the consent
of the owner or possessor of the property or, if the consent is
withheld, with a warrant duly issued pursuant to the procedure
described in Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure. However, in the event of an emergency
affecting public health or safety, the regional board may enter the
property without consent or the issuance of a warrant.
(4) The regional board may contract with a water agency to
perform, under the direction of the regional board, investigations of
existing or threatened groundwater pollution or nuisance. The agency'
s cost of performing the contracted services shall be reimbursed by
the regional board from the first available funds obtained from cost
recovery actions for the specific site. The authority of a regional
board to contract with a water agency is limited to a water agency
that draws groundwater from the affected aquifer, a metropolitan
water district, or a local public agency responsible for water supply
or water quality in a groundwater basin.
(c) (1) If the waste is cleaned up or the effects of the waste are
abated, or, in the case of threatened pollution or nuisance, other
necessary remedial action is taken by any governmental agency, the
person or persons who discharged the waste, discharges the waste, or
threatened to cause or permit the discharge of the waste within the
meaning of subdivision (a), are liable to that governmental agency to
the extent of the reasonable costs actually incurred in cleaning up
the waste, abating the effects of the waste, supervising cleanup or
abatement activities, or taking other remedial action. The amount of
the costs is recoverable in a civil action by, and paid to, the
governmental agency and the state board to the extent of the latter's
contribution to the cleanup costs from the State Water Pollution
Cleanup and Abatement Account or other available funds.
(2) The amount of the costs constitutes a lien on the affected
property upon service of a copy of the notice of lien on the owner
and upon the recordation of a notice of lien, that identifies the
property on which the condition was abated, the amount of the lien,
and the owner of record of the property, in the office of the county
recorder of the county in which the property is located. Upon
recordation, the lien has the same force, effect, and priority as a
judgment lien, except that it attaches only to the property posted
and described in the notice of lien, and shall continue for 10 years
from the time of the recording of the notice, unless sooner released
or otherwise discharged. Not later than 45 days after receiving a
notice of lien, the owner may petition the court for an order
releasing the property from the lien or reducing the amount of the
lien. In this court action, the governmental agency that incurred the
cleanup costs shall establish that the costs were reasonable and
necessary. The lien may be foreclosed by an action brought by the
state board on behalf of the regional board for a money judgment.
Money recovered by a judgment in favor of the state board shall be
deposited in the State Water Pollution Cleanup and Abatement Account.
(d) If, despite reasonable effort by the regional board to
identify the person responsible for the discharge of waste or the
condition of pollution or nuisance, the person is not identified at
the time cleanup, abatement, or remedial work is required to be
performed, the regional board is not required to issue an order under
this section.
(e) "Threaten," for purposes of this section, means a condition
creating a substantial probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take
immediate action to prevent, reduce, or mitigate damages to persons,
property, or natural resources.
(f) Replacement water provided pursuant to subdivision (a) shall
meet all applicable federal, state, and local drinking water
standards, and shall have comparable quality to that pumped by the
public water system or private well owner prior to the discharge of
waste.
(g) (1) Any public water supplier or private well owner receiving
replacement water by reason of an order issued pursuant to
subdivision (a), or any person or entity who is ordered to provide
replacement water pursuant to subdivision (a), may request nonbinding
mediation of all replacement water claims.
(2) If so requested, the public water suppliers receiving the
replacement water and the persons or entities ordered to provide the
replacement water, within 30 days of the submittal of a water
replacement plan, shall engage in at least one confidential
settlement discussion before a mutually acceptable mediator.
(3) Any agreement between parties regarding replacement water
claims resulting from participation in the nonbinding mediation
process shall be consistent with the requirements of any cleanup and
abatement order.
(4) A regional board or the state board is not required to
participate in any nonbinding mediation requested pursuant to
paragraph (1).
(5) The party or parties requesting the mediation shall pay for
the costs of the mediation.
(h) As part of any cleanup and abatement order that requires the
provision of replacement water, a regional board or the state board
shall request a water replacement plan from the discharger in cases
where replacement water is to be provided for more than 30 days. The
water replacement plan is subject to the approval of the regional
board or the state board prior to its implementation.
(i) A "water replacement plan" means a plan pursuant to which the
discharger will provide replacement water in accordance with a
cleanup and abatement order.
(j) This section does not impose any new liability for acts
occurring before January 1, 1981, if the acts were not in violation
of existing laws or regulations at the time they occurred.
(k) Nothing in this section limits the authority of any state
agency under any other law or regulation to enforce or administer any
cleanup or abatement activity.
(l) The Legislature declares that the amendments made to
subdivision (a) of this section by Senate Bill 1004 of the 2003-04
Regular Session do not constitute a change in, but are declaratory
of, existing law.

13304.1. (a) A groundwater cleanup system that commences operation
on or after January 1, 2002, and that is required to obtain a
discharge permit from the regional board pursuant to the regional
board's jurisdiction, and that discharges treated groundwater to
surface water or groundwater, shall treat the groundwater to
standards approved by the regional board, consistent with this
division and taking into account the beneficial uses of the receiving
water and the location of the discharge and the method by which the
discharge takes place.
(b) In making its determination of the applicable water quality
standards to be achieved by the operator of a groundwater cleanup
system that commences operation on or after January 1, 2002, that
draws groundwater from an aquifer that is currently being used, or
has been used at any time since 1979 as a source of drinking water
supply by the owner or operator of a public water system, and that
discharges treated groundwater to surface water or groundwater from
which a public water system draws drinking water, the regional board
shall consult with the affected groundwater management entity, if
any, affected public water systems, and the State Department of
Public Health to ensure that the discharge, spreading, or injection
of the treated groundwater will not adversely affect the beneficial
uses of any groundwater basin or surface water body that is or may be
used by a public water system for the provision of drinking water.

13304.2. (a) For purposes of this section, "brownfield site" means
a real estate parcel or improvements located on the parcel, or both
that parcel and the improvements, that is abandoned, idled, or
underused, due to environmental contamination and that is proposed to
be redeveloped.
(b) The state board or a regional board may require a person
conducting cleanup, abatement, or other remedial action pursuant to
Section 13304 for a brownfield site to assess the potential human
health or ecological risks caused or created by the discharge, using
human health and environmental screening levels or a site-specific
assessment of risks.
(c) In conducting a site-specific assessment of human health or
ecological risks, the discharger shall address all of the following
factors to the extent relevant based on site-specific conditions:
(1) An evaluation of risks posed by acutely toxic hazardous
substances.
(2) An evaluation of risks posed by carcinogenic or other
hazardous substances that may cause chronic disease.
(3) Consideration of possible synergistic effects resulting from
exposure to, or interaction with, two or more hazardous substances.
(4) Consideration of the effect of hazardous substances upon
subgroups that comprise a meaningful portion of the general
population, including, but not limited to, infants, children,
pregnant women, or other subpopulations that are identifiable as
being at greater risk than the general population of adverse health
effects due to exposure to hazardous substances.
(5) Consideration of exposure level and body burden level that
alter physiological function or structure in a manner that may
significantly increase the risk of illness and of exposure to
hazardous substances in all media, including, but not limited to,
exposures in drinking water, food, ambient and indoor air, or soil.
(6) The development of reasonable maximum estimates of exposure
for both current land use conditions and reasonably foreseeable
future land uses at the site.
(7) The development of reasonable maximum estimates of exposure to
volatile organic compounds that may enter structures that are on the
site or that are proposed to be constructed on the site and that may
cause exposure due to accumulation of these volatile organic
compounds in the indoor air of those structures.
(d) The state board or a regional board may document its decision
to require a site-specific assessment of human health or ecological
risks in a letter issued to the discharger pursuant to Section 13267,
through amendment of the cleanup and abatement order issued pursuant
to Section 13304, or through other written means that the board
deems appropriate.
(e) (1) Except as provided in paragraph (2), this section applies
only to an order issued by the state board or a regional board issued
pursuant to Section 13304 on or after January 1, 2008.
(2) The state board or a regional board may require a
site-specific assessment of human health or ecological risks at a
brownfield site that is subject to an order issued before January 1,
2008, only if the state board or a regional board makes a
determination that site-specific circumstances demonstrate the need
for that assessment. A site-specific assessment pursuant to this
paragraph shall be done in accordance with the authority granted to
the state board or a regional board pursuant to this division, as it
read on December 31, 2007.

13305. (a) Upon determining that a condition of pollution or
nuisance exists that has resulted from a nonoperating industrial or
business location within its region, a regional board may cause
notice of the condition to be posted upon the property in question.
The notice shall state that the condition constitutes either a
condition of pollution or nuisance that is required to be abated by
correction of the condition, or a condition that will be corrected by
the city, county, other public agency, or regional board at the
property owner's expense. The notice shall further state that all
property owners having any objections to the proposed correction of
the condition may attend a hearing to be held by the regional board
at a time not less than 10 days from the posting of the notice.
(b) Notice of the hearing prescribed in this section shall be
given in the county where the property is located pursuant to Section
6061 of the Government Code.
(c) In addition to posting and publication, notice as required in
this section shall be mailed to the property owners as their names
and addresses appear from the last equalized assessment roll.
(d) At the time stated in the notices, the regional board shall
hear and consider all objections or protests, if any, to the proposed
correction of the condition, and may continue the hearing from time
to time.
(e) (1) After final action is taken by the regional board on the
disposition of any protests or objections, or if no protests or
objections are received, the regional board shall request the city,
county, or other public agency in which the condition of pollution or
nuisance exists to abate the condition or nuisance.
(2) If the city, county, or other public agency does not abate the
condition within a reasonable time, the regional board shall cause
the condition to be abated. The regional board may proceed by force
account, contract or other agreement, or any other method deemed most
expedient by the regional board, and shall apply to the state board
for the necessary funds.
(3) The regional board shall be permitted reasonable access to the
affected property as necessary to perform any cleanup, abatement, or
other remedial work. Access shall be obtained with the consent of
the owner or possessor of the property, or, if the consent is
withheld, with a warrant duly issued pursuant to the procedure
described in Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure. However, in the event of an emergency
affecting public health or safety, the regional board may enter the
property without consent or the issuance of a warrant.
(f) The owner of the property on which the condition exists, or is
created, is liable for all reasonable costs incurred by the regional
board or any city, county, or public agency in abating the
condition. The amount of the cost for abating the condition upon the
property in question constitutes a lien upon the property so posted
upon the recordation of a notice of lien, which identifies the
property on which the condition was abated, the amount the lien, and
the owner of record of the property, in the office of the county
recorder of the county in which the property is located. Upon
recordation, the lien has the same force, effect, and priority as a
judgment lien, except that it attaches only to the property so posted
and described in the notice of lien, and shall continue for 10 years
from the time of the recording of the notice unless sooner released
or otherwise discharged. The lien may be foreclosed by an action
brought by the city, county, other public agency, or state board, on
behalf of the regional board, for a money judgment. Money recovered
by a judgment in favor of the state board shall be returned to the
State Water Pollution Cleanup and Abatement Account.
(g) The city, county, other public agency, or state board on
behalf of a regional board, may, at any time, release all, or any
portion, of the property subject to a lien imposed pursuant to
subdivision (f) from the lien or subordinate the lien to other liens
and encumbrances if it determines that the amount owed is
sufficiently secured by a lien on other property or that the release
or subordination of the lien will not jeopardize the collection of
the amount owed. A certificate by the state board, city, county, or
other public agency to the effect that any property has been released
from the lien or that the lien has been subordinated to other liens
and encumbrances is conclusive evidence that the property has been
released or that the lien has been subordinated as provided in the
certificate.
(h) As used in this section, the words "nonoperating" or "not in
operation" mean the business is not conducting routine operations
usually associated with that kind of business.
(i) Nothing in this section limits the authority of any state
agency under any other law or regulation to enforce or administer any
cleanup or abatement activity.

13306. A majority vote of the entire membership of a regional board
shall be required to adopt, rescind, or modify any enforcement
action authorized by Section 13301.

13307. (a) The state board and the Department of Toxic Substances
Control shall concurrently establish policies and procedures
consistent with this division that the state board's representatives
and the representatives of regional boards shall follow in overseeing
and supervising the activities of persons who are carrying out the
investigation of, and cleaning up or abating the effects of, a
discharge of a hazardous substance which creates, or threatens to
create, a condition of contamination, pollution, or nuisance. The
policies and procedures shall be consistent with the policies and
procedures established pursuant to Section 25355.7 of the Health and
Safety Code and shall include, but are not limited to, all of the
following:
(1) The procedures the state board and the regional boards will
follow in making decisions as to when a person may be required to
undertake an investigation to determine if an unauthorized hazardous
substance discharge has occurred.
(2) Policies for carrying out a phased, step-by-step investigation
to determine the nature and extent of possible soil and groundwater
contamination or pollution at a site.
(3) Procedures for identifying and utilizing the most
cost-effective methods for detecting contamination or pollution and
cleaning up or abating the effects of contamination or pollution.
(4) Policies for determining reasonable schedules for
investigation and cleanup, abatement, or other remedial action at a
site. The policies shall recognize the dangers to public health and
the waters of the state posed by an unauthorized discharge and the
need to mitigate those dangers while at the same time taking into
account, to the extent possible, the resources, both financial and
technical, available to the person responsible for the discharge.
(b) The state board and the Department of Toxic Substances Control
shall jointly review the policies and procedures that were
established pursuant to this section and Section 25355.7 of the
Health and Safety Code prior to the enactment of this subdivision and
shall concurrently revise those policies and procedures as necessary
to make them as consistent as possible. Where they cannot be made
consistent because of the differing requirements of this chapter and
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code, the state board and the Department of Toxic
Substances Control shall, by July 1, 1994, jointly develop, and send
to the Legislature, recommendations for revising this chapter and
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code in order to make consistent the hazardous
substance release cleanup policies and procedures followed by the
state board, the Department of Toxic Substances Control, and the
regional boards.

13307.1. (a) The state board and the regional boards shall not
consider cleanup or site closure proposals from the primary or active
responsible discharger, issue a closure letter, or make a
determination that no further action is required with respect to a
site subject to a cleanup or abatement order pursuant to Section
13304, unless all current record owners of fee title to the site of
the proposed action have been notified of the proposed action by the
state board or regional board.
(b) The state board and regional boards shall take all reasonable
steps necessary to accommodate responsible landowner participation in
the cleanup or site closure process and shall consider all input and
recommendations from any responsible landowner wishing to
participate.
(c) In addition to the requirements of subdivision (a), if the
state board or the regional board finds that the property is not
suitable for unrestricted use and that a land use restriction is
necessary for the protection of public health, safety, or the
environment, then the state board and the regional boards may not
issue a closure letter, or make a determination that no further
action is required, with respect to a site that is subject to a
cleanup or abatement order pursuant to Section 13304 and that is not
an underground storage tank site, unless a land use restriction is
recorded or required to be recorded pursuant to Section 1471 of the
Civil Code.

13307.5. (a) The regional board shall take all of the following
actions when reviewing or approving a cleanup proposal from a primary
or active responsible discharger with respect to a site issued a
cleanup and abatement order pursuant to Section 13304:
(1) Provide to all of the following, notification, in a factsheet
format or another appropriate format, in English and any other
languages commonly spoken in the area, as appropriate, of the
proposed decision to approve the cleanup proposal for the site,
including a contact list of appropriate regional board staff:
(A) An affected or potentially affected property owner, resident,
or occupant in the area of the site.
(B) An appropriate governmental entity, including a local
governmental entity with jurisdiction over the site.
(2) Provide timely access to written material, including reports
and plans, addenda, and other supporting documentation, including
materials listed as references, at the regional board's office and at
a local repository in the area of the site, and, to the maximum
extent possible, by posting on the Internet and acting in accordance
with subdivision (a) of Section 13196.
(3) Provide no less than 30 days for an interested person to
review and comment on the cleanup proposal regarding the site. The
regional board shall consider any comments received before taking
final action on a cleanup proposal regarding the site.
(4) Conduct a public meeting in the area of the site during the
public comment period pursuant to paragraph (3), if any of the
following conditions applies:
(A) A public meeting is requested by an affected or potentially
affected property owner, resident, or occupant, in the area of the
site.
(B) The level of expressed public interest warrants the conduct of
a public meeting.
(C) A public meeting is specifically mandated by statute.
(D) The regional board determines that the existing site
contamination poses a significant public health threat.
(b) In undertaking the requirements of this section, a regional
board shall, to the extent possible, coordinate and integrate the
public participation activities described in this section with those
undertaken by the host jurisdiction and other public entities
associated with development, investigation, or the response action at
the site, in order to avoid unnecessary duplication and to integrate
the public participation efforts of local government.
(c) For purposes of this section, "site" has the same meaning as
defined in Section 25395.79.2 of the Health and Safety Code.

13307.6. (a) In addition to the requirements of Section 13307.5,
the regional board may develop and use any of the following
procedures to disseminate information and assist the regional board
in gathering community input regarding a site, if the regional board
determines there is expressed community interest in the site, or the
existing site contamination poses a significant public health threat:
(1) An annual factsheet.
(2) Internet posting or electronic distribution of an electronic
copy of a document or report.
(3) An electronic comment or electronic feedback form.
(4) Formation and facilitation of an advisory group.
(5) An additional public meeting or workshop.
(6) Extension of a public comment period.
(7) Preparation of a public participation plan.
(8) Creation of a mailing list for notifying an interested party
of a major regional board decision and the regional board's proposed
or planned activity regarding the site.
(b) For purposes of this section, "site" has the same meaning as
defined in Section 25395.79.2 of the Health and Safety Code.

13308. (a) If the regional board determines there is a threatened
or continuing violation of any cleanup or abatement order, cease and
desist order, or any order issued under Section 13267 or 13383, the
regional board may issue an order establishing a time schedule and
prescribing a civil penalty which shall become due if compliance is
not achieved in accordance with that time schedule.
(b) The amount of the civil penalty shall be based upon the amount
reasonably necessary to achieve compliance, and may not include any
amount intended to punish or redress previous violations. The amount
of the penalty may not exceed ten thousand dollars ($10,000) for each
day in which the violation occurs.
(c) Any person who fails to achieve compliance in accordance with
the schedule established in an order issued pursuant to subdivision
(a) shall be liable civilly in an amount not to exceed the amount
prescribed by the order. The regional board may impose the penalty
administratively in accordance with Article 2.5 (commencing with
Section 13323). If the regional board imposes the penalty in an
amount less than the amount prescribed in the order issued pursuant
to subdivision (a), the regional board shall make express findings
setting forth the reasons for its action based on the specific
factors required to be considered pursuant to Section 13327.
(d) The state board may exercise the powers of a regional board
under this section if the violation or threatened violation involves
requirements prescribed by an order issued by the state board.
(e) Funds collected pursuant to this section shall be deposited in
the State Water Pollution Cleanup and Abatement Account.
(f) Civil liability may be imposed pursuant to this section only
if civil liability is not imposed pursuant to Section 13261, 13265,
13268, 13350, or 13385.