SECTIONS 13900-13908 - California Statutes

WATER CODE

SECTION 13900-13908

13900. The Legislature finds and hereby declares that discharges
from houseboats in or on the waters of the state constitute a
significant source of waste as defined in Section 13050; that
discharges of waste from houseboats in or on the waters of the state
may impair the beneficial uses of the waters of the state to the
detriment of the health, safety, and welfare of the people of the
state; and that the discharges of waste from houseboats are not
adequately regulated. The Legislature therefore declares that the
people of the state have a primary interest in the coordination and
implementation of the regulation of discharges of waste from
houseboats on or in the waters of the state.

13901. As used in this article, "houseboat" means a watercraft or
industrial or commercial structure on or in the waters of the state,
floating or nonfloating, which is designed or fitted out as a place
of habitation and is not principally used for transportation.
"Houseboat" includes platforms, and waterborne hotels and
restaurants. "City or county" means any city, county, city and
county, or port authority.

13902. Each regional board shall investigate its region to
determine areas in which discharges of waste from houseboats are
inadequately regulated by local ordinance.

13903. Each regional board shall notify each affected city or
county, the State Department of Public Health and the Department of
Boating and Waterways of areas of inadequate regulation by ordinance
of discharges of waste from houseboats and shall recommend provisions
necessary to control the discharges of waste from houseboats into
the waters.

13904. Each affected city or county shall within 120 days of
receipt of the notice from the regional board, adopt an ordinance for
control of discharges of waste from houseboats within the area for
which notice was given by the board. A copy of the ordinance shall be
sent to the regional board on its adoption and the regional board
shall transmit the ordinance to the state board, the State Department
of Public Health and the Department of Boating and Waterways.

13905. Such city or county ordinance shall take effect 60 days from
the date of adoption by the city or county, unless the regional
board holds a public hearing on the matter and determines that the
city or county ordinance is not sufficiently restrictive to protect
the quality of the waters affected. If the board makes such a
determination, it shall so report to the affected city or county and
also recommend the ordinance, or modification of the city or county
ordinance, which it determines is necessary.

13906. If a city or county fails to adopt an ordinance controlling
discharges of waste from houseboats within 120 days of receipt of the
regional board's notice pursuant to Section 13903, or fails to adopt
or modify such ordinance in the manner determined as necessary by
the regional board pursuant to Section 13905, within 90 days of
receipt of the regional board's notice, the regional board may adopt
regulations necessary for the control of discharges of waste from
houseboats for the area designated. Such regional board regulations
shall take effect 30 days from the date of their adoption and shall
be enforced by the city or county and have the same force and effect
as if adopted as a city or county ordinance.

13907. Any action, report, determination, or regulation taken or
adopted by a regional board, or any failure of a regional board to
act may be reviewed by the state board, and shall be reviewed by the
state board on the request of any affected city or county. The state
board has all powers as to the review of action or inaction of a
regional board under this article as it has to other action or
inaction of a regional board, including all powers granted to a
regional board to initially determine areas in which discharges of
waste from houseboats are inadequately regulated by local ordinance
and to adopt regulations when a city or county fails to do so, if the
state board finds that appropriate action has not been taken by a
regional board. Any action of a regional board under this chapter or
any city or county ordinance affected by the review of the state
board shall have no force or effect during the period of the review
by the state board.

13908. No provision in this chapter and no action thereunder by a
regional board or the state board is a limitation on the power of a
city or county to adopt and enforce additional ordinances or
regulations not in conflict therewith imposing further conditions,
restrictions, or limitations with respect to the discharges of waste
from houseboats.