Home Table of Contents

§ 2232. Ensuring Adequate Capacity.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 9. Waste Discharge Reports and Requirements
Article 2. Waste Discharge Requirements for Discharges Other than from Point Sources to Navigable Waters
23 CCR § 2232
§ 2232. Ensuring Adequate Capacity.
(a) Whenever a regional board finds that a publicly owned wastewater treatment plant will reach capacity within four years, the board shall notify the discharger. Such notification shall inform the discharger that the regional board will consider adopting a time schedule order pursuant to Section 13300 of the Water Code or other enforcement order unless the discharger can demonstrate that adequate steps are being taken to address the capacity problem. The notification shall require the discharger to submit a technical report to the regional board within 120 days showing how flow volumes will be prevented from exceeding existing capacity or how capacity will be increased. A copy of such notification shall be sent to appropriate local elected officials, local permitting agencies and the press. The time for filing the required technical report may be extended by the regional board. An extension of 30 days may be granted by the executive officer. Longer extensions may be granted by the regional board itself.
(b) The required technical report shall be reviewed, approved and jointly submitted by all planning and building departments having jurisdiction in the area served by the waste collection, treatment, or disposal facilities.
(c) Public participation shall be required during the preparation of the technical report. The report shall be accompanied by a statement outlining how interested persons were involved in the preparation of the technical report.
(d) Whenever a regional board finds that the waste treatment or disposal facilities of a discharger will reach capacity within four years and that adequate steps are not being taken to address the capacity problem, it shall adopt a time schedule or other enforcement order. Such action shall be preceded by notice and a hearing.
(e) A technical report need not be required if the regional board finds that the burden of preparing the report does not bear a reasonable relationship to its need and to the benefits of the report. If a discharger questions that the cost of preparing the technical report bears a reasonable relationship to the need for such a report or the benefits to be obtained therefrom, the discharger may appeal to the regional board for relief within 30 days of the date of the notice.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13225, 13267, 13300 and 13301, Water Code.
1. Repealer of subsection (c) filed 3-10-72; effective thirtieth day thereafter (Register 72, No. 11).
2. Amendment filed 4-16-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 16).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 2232, 23 CA ADC § 2232
End of Document