BILL NUMBER: SB 1599	CHAPTERED  09/03/02

	CHAPTER  324
	FILED WITH SECRETARY OF STATE  SEPTEMBER 3, 2002
	APPROVED BY GOVERNOR  AUGUST 30, 2002
	PASSED THE SENATE  AUGUST 21, 2002
	PASSED THE ASSEMBLY  AUGUST 20, 2002
	AMENDED IN ASSEMBLY  JUNE 27, 2002

INTRODUCED BY   Senator Poochigian

                        FEBRUARY 20, 2002

   An act to amend Sections 13320 and 13321 of the Water Code,
relating to water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1599, Poochigian.  Water quality: enforcement.
   Under existing law, point source discharges of pollutants to
surface waters require a waste discharge permit under the national
pollutant discharge elimination system (NPDES).  Under existing law,
the State Water Resources Control Board and the California regional
water quality control boards prescribe waste discharge requirements
in connection with the discharge of waste that could affect the
quality of the waters of the state.  A person aggrieved by any action
or failure to act by a regional board relative to waste discharge
requirements, compliance with the provisions of the Federal Water
Pollution Control Act, the Storm Water Enforcement Act of 1998 or the
Water Recycling Law, may petition the state board for review.  If a
petition for review of a regional board action on waste discharge
requirements issued for a solid waste landfill includes a request for
a stay of the waste discharge requirements, the state board must act
on the requested stay within 60 days of accepting the petition.
Existing law authorizes the filing of a petition with the superior
court to review a decision of the state board, and authorizes the
superior court to issue a stay.
   This bill would authorize the state board, in ruling on a petition
for review of a regional board action on any waste discharge
requirements, to grant a stay to be in effect from the effective date
of the waste discharge requirements.  The bill would authorize the
superior court, in granting a stay pursuant to a petition for review
of a decision of the state board denying a request for a stay of
waste discharge requirements, to make the stay effective as of the
effective date of the waste discharge requirements.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13320 of the Water Code is amended to read:
   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), any 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 and also any failure to act under Article 3 (commencing with
Section 13240) of Chapter 4.
   (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 any other state
agency having jurisdiction, take the appropriate action itself, or
take any combination of those actions.  In taking any such 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 which 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.
  SEC. 2.  Section 13321 of the Water Code is amended to read:
   13321.  (a) In the case of a review by the state board under
Section 13320, the state board, upon notice and a hearing, 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.