SECTIONS 13360-13362 - California Statutes

WATER CODE

SECTION 13360-13362

13360. (a) No waste discharge requirement or other order of a
regional board or the state board or decree of a court issued under
this division shall specify the design, location, type of
construction, or particular manner in which compliance may be had
with that requirement, order, or decree, and the person so ordered
shall be permitted to comply with the order in any lawful manner.
However, the restrictions of this section shall not apply to waste
discharge requirements or orders or decrees with respect to any of
the following:
(1) Discharge of solid waste to disposal sites other than
evaporation ponds from which there is no drainage or seepage which
requires the installation of riprap, the construction of walls and
dikes, the installation of surface and underground drainage
facilities to prevent runoff from entering the disposal area or
leakage to underground or surface waters, or other reasonable
requirements to achieve the above or similar purposes.
(2) Discharges of waste or fluid to an injection well, except any
well which is regulated by the Division of Oil and Gas in the
Department of Conservation pursuant to Division 3 (commencing with
Section 3000) of the Public Resources Code and Subpart F of Part 147
of Title 40 of the Code of Federal Regulations and is in compliance
with that division and Subpart A (commencing with Section 146.1) of
Subchapter D of Chapter 1 of Title 40 of the Code of Federal
Regulations.
(b) If the court, in an action for an injunction brought under
this division, finds that the enforcement of an injunction
restraining the discharger from discharging waste would be
impracticable, the court may issue any order reasonable under the
circumstances requiring specific measures to be undertaken by the
discharger to comply with the discharge requirements, order, or
decree.

13361. (a) Every civil action brought under the provisions of this
division at the request of a regional board or the state board shall
be brought by the Attorney General in the name of the people of the
State of California and any such actions relating to the same
discharge may be joined or consolidated.
(b) Any civil action brought pursuant to this division shall be
brought in a county in which the discharge is made, or proposed to be
made. However, any action by or against a city, city and county,
county, or other public agency shall, upon motion of either party, be
transferred to a county or city and county not a party to the action
or to a county or city and county other than that in which the city
or public agency is located.
(c) In any civil action brought pursuant to this division in which
a temporary restraining order, preliminary injunction, or permanent
injunction is sought, it shall not be necessary to allege or prove at
any stage of the proceeding that irreparable damage will occur
should the temporary restraining order, preliminary injunction, or
permanent injunction not be issued, or that the remedy at law is
inadequate, and the temporary restraining order, preliminary
injunction, or permanent injunction shall issue without such
allegations and without such proof.

13362. A publicly owned treatment works (POTW) with an approved
pretreatment program may conduct inspections in accordance with the
provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40
of the Code of Federal Regulations and assess and collect civil
penalties and civil administrative penalties in accordance with
Sections 54740, 54740.5, and 54740.6 of the Government Code, with
regard to all dischargers of industrial waste to the POTW.

13362. (a) A publicly owned treatment works (POTW) with an approved
pretreatment program may conduct inspections in accordance with the
provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40
of the Code of Federal Regulations and assess and collect civil
penalties and civil administrative penalties in accordance with
Sections 54740, 54740.5, and 54740.6 of the Government Code, with
regard to all dischargers of industrial waste to the POTW.
(b) This section prevails over Section 13362, as added to the
Water Code by Assembly Bill 1104 of the 1999-2000 Regular Session.