Senate BillNo. 1096


Introduced by Senator Berryhill

February 17, 2016


An act to amend Section 13263 of the Water Code, relating to water quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 1096, as introduced, Berryhill. Waste discharge requirements.

Existing law, the Porter-Cologne Water Quality Control Act, requires each California regional water quality control board, after any necessary hearing, to prescribe waste discharge requirements to implement relevant water quality control plans, and authorizes the State Water Resources Control Board, after any necessary hearing, to prescribe waste discharge requirements, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 13263 of the Water Code is amended to
2read:

3

13263.  

(a) The regional board, after any necessary hearing,
4shall prescribe requirements as to the nature of any proposed
5discharge, existing discharge, or material change in an existing
6discharge, except discharges into a community sewer system, with
7relation to the conditions existing in the disposal area or receiving
8waters upon, or into which, the discharge is made or proposed.
9The requirements shall implement any relevant water quality
P2    1control plans that have been adopted, and shall take into
2consideration the beneficial uses to be protected, the water quality
3objectives reasonably required for that purpose, other waste
4discharges, the need to prevent nuisance, and the provisions of
5Section 13241.

6(b) A regional board, in prescribingbegin insert theseend insert requirements, need
7not authorize the utilization of the full waste assimilation capacities
8of the receiving waters.

9(c) The requirements may contain a time schedule, subject to
10revision in the discretion of the board.

11(d) The regional board may prescribe requirements although no
12discharge report has been filed.

13(e) Upon application by any affected person, or on its own
14motion, the regional board may review and revise requirements.
15All requirements shall be reviewed periodically.

16(f) The regional board shall notify in writing the person making
17or proposing the discharge or the changebegin delete thereinend deletebegin insert in an existing
18dischargeend insert
of the discharge requirements to be met. After receipt
19of the notice, the personbegin delete soend delete notified shall provide adequate means
20to meet the requirements.

21(g) begin deleteNo end deletebegin insertA end insertdischarge of waste into the waters of the state, whether
22or not the discharge is made pursuant to waste discharge
23requirements, shallbegin insert notend insert create a vested right to continue the
24discharge.begin delete All dischargesend deletebegin insert A dischargeend insert of waste into waters of the
25statebegin delete are privileges,end deletebegin insert is a privilege,end insert notbegin delete rights.end deletebegin insert a right.end insert

26(h) The regional board may incorporate the requirements
27prescribed pursuant to this section into a master recycling permit
28forbegin delete eitherend delete abegin delete supplier orend deletebegin insert supplier,end insert distributor, or both, of recycled
29water.

30(i) The state board or a regional board may prescribe general
31waste discharge requirements for a category of discharges if the
32state board or that regional board finds or determines that all of
33the following criteria apply to the discharges in that category:

34(1) The discharges are produced by the same or similar
35operations.

36(2) The discharges involve the same or similar types of waste.

37(3) The discharges require the same or similar treatment
38standards.

P3    1(4) The discharges are more appropriately regulated under
2general discharge requirements than individual discharge
3requirements.

4(j) The state board, after any necessary hearing, may prescribe
5waste discharge requirements in accordance with this section.



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