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§ 2050.5. Complete Petitions; Responses; Time Limits.

23 CA ADC § 2050.5BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 6. Review by State Board of Action or Failure to Act by Regional Board
23 CCR § 2050.5
§ 2050.5. Complete Petitions; Responses; Time Limits.
(a) Upon receipt of a petition that complies with section 2050 the state board may either dismiss the petition pursuant to section 2052, or may provide written notification to the petitioner, informing the discharger (if not the petitioner), the regional board, and other interested persons that they shall have 30 days from the date of mailing such notification to file a response to the petition with the state board. The regional board shall file the administrative record within this 30-day period, including a copy of the tape recording of the regional board action, or a transcript, if available. Responses to petitions and any other submissions shall be served concurrently upon the petitioner, the discharger (if not the petitioner) and the regional board, by any method listed in section 2050, subdivision (b). Any points and authorities filed in response to the petition shall include citations to documents or the transcript of the regional board hearing where appropriate. The time for filing a response or the administrative record may be extended by the state board. Additional submissions will be allowed only upon written request and at the discretion of the state board.
(b) The state board shall review and act on the petition within 270 days from the date of mailing the notification described in subdivision (a), unless a hearing is held by the state board. If a hearing is held, the state board shall act on the petition within 330 days from the date of mailing the notification described in subdivision (a), or within 120 days of the close of the hearing, whichever is later. If formal disposition is not made by the state board within these time limits the petition is deemed denied. These time limits may be extended for a period not to exceed 60 days with written agreement from the petitioner. The time limits for formal disposition do not apply while action on a petition is held in abeyance, as provided in subdivision (d).
(c) The state board may, on its motion, review a regional board's action or failure to act for any reason, including lack of formal disposition by the state board within the time limits provided in subdivision (b).
(d) A petition may be held in abeyance at the request or with the agreement of the petitioner.
(1) A request or agreement to hold a petition in abeyance must be in writing and shall be provided to the state board, the regional board, and the discharger, if not the petitioner.
(2) Petitions may be held in abeyance unless the regional board provides reasonable grounds for objection. For petitions challenging the assessment of administrative civil liability or penalties, written agreement from the regional board is required.
(3) The time limits for formal disposition and for filing a response to the petition and the administrative record shall be tolled during the time a petition is held in abeyance, and shall recommence running when the petition is removed from abeyance.
(e) Unless a petition is being held in abeyance pursuant to subdivision (d), the state board shall issue the notification described in subdivision (a) within 90 days of receipt of a petition for review, as indicated in the notice provided pursuant to subdivision (d) of section 2050. If the state board has not provided the notification described in subdivision (a) within the 90-day period provided by this subdivision, the state board deems the petition dismissed by operation of law effective the 91st day following receipt of the petition. The time limit for providing the notification described in subdivision (a) shall be tolled during the time a petition is held in abeyance, and shall recommence running when the petition is removed from abeyance. A party aggrieved by a regional board final decision or order for which the state board dismisses a petition pursuant to this subdivision must file any judicial challenge within the 30-day period for judicial review allowed by Water Code section 13330, subdivision (b).
(f) For petitions received by the state board before the effective date of subdivision (e) that are not being held in abeyance and for which the state board has not issued the notification described in subdivision (a), the time limit for providing the notification described in subdivision (a) shall be as follows:
(1) For petitions received before January 1, 2011, within 120 days of the effective date of subdivision (e).
(2) For petitions received from January 1, 2011 to December 31, 2012, within 240 days of the effective date of subdivision (e).
(3) For petitions received from January 1, 2013 to the day before the effective date of subdivision (e), within one year of the effective date of subdivision (e).
(g) If the state board has not provided the notification described in subdivision (a) within the periods specified in subdivision (f)(1) through (f)(3), the state board deems the petition dismissed by operation of law effective the day following the respective period described in subdivision (f)(1) through (f)(3). The time limit for providing the notification described in subdivision (a) shall be tolled during the time a petition is held in abeyance, and shall recommence running when the petition is removed from abeyance. A party aggrieved by a regional board final decision or order for which the state board dismisses a petition pursuant to this subdivision must file any judicial challenge within the 30-day period for judicial review allowed by Water Code section 13330, subdivision (b).
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New section filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
4. Amendment of section heading and section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
5. Amendment filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 2050.5, 23 CA ADC § 2050.5
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