SECTIONS 13320-13321 - California Statutes

WATER CODE

SECTION 13320-13321

13320. (a) Within 30 days of any action or failure to act by a
regional board under subdivision (c) of Section 13225, Article 4
(commencing with Section 13260) of Chapter 4, Chapter 5 (commencing
with Section 13300), Chapter 5.5 (commencing with Section 13370),
Chapter 5.9 (commencing with Section 13399.25), or Chapter 7
(commencing with Section 13500), an aggrieved person may petition the
state board to review that action or failure to act. In case of a
failure to act, the 30-day period shall commence upon the refusal of
the regional board to act, or 60 days after request has been made to
the regional board to act. The state board may, on its own motion, at
any time, review the regional board's action or failure to act.
(b) The evidence before the state board shall consist of the
record before the regional board, and any other relevant evidence
which, in the judgment of the state board, should be considered to
effectuate and implement the policies of this division.
(c) The state board may find that the action of the regional
board, or the failure of the regional board to act, was appropriate
and proper. Upon finding that the action of the regional board, or
the failure of the regional board to act, was inappropriate or
improper, the state board may direct that the appropriate action be
taken by the regional board, refer the matter to another state agency
having jurisdiction, take the 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.
(d) If a waste discharge in one region affects the waters in
another region and there is any disagreement between the regional
boards involved as to the requirements that should be established,
either regional board may submit the disagreement to the state board,
which shall determine the applicable requirements.
(e) If a petition for state board review of a regional board
action on waste discharge requirements includes a request for a stay
of the waste discharge requirements, the state board shall act on the
requested stay portion of the petition within 60 days of accepting
the petition. The board may order any stay to be in effect from the
effective date of the waste discharge requirements.

13321. (a) In the case of a review by the state board under Section
13320, the state board, upon notice and hearing, if a hearing is
requested, may stay in whole or in part the effect of the decision
and order of a regional board or of the state board.
(b) If a petition is filed with the superior court to review a
decision of the state board, any stay in effect at the time of the
filing the petition shall remain in effect by operation of law for a
period of 20 days from the date of the filing of that petition.
(c) If the superior court grants a stay pursuant to a petition for
review of a decision of the state board denying a request for a stay
with respect to waste discharge requirements, the stay may be made
effective as of the effective date of the waste discharge
requirements.