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San Diego Region - Law and Regulation for Filing a Petition

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

2050. Petition for Review by State Board.

(a) Any petition by an aggrieved person to the state board for review under Water Code Section 13320(a) of an action or failure to act by a regional board shall be submitted in writing and received by the state board within 30 days of any action or failure to act by a regional board. The petition shall contain the following:

(1) Name and address of the petitioner.

(2) The specific action or inaction of the regional board which the state board is requested to review and a copy of any order or resolution of the regional board which is referred to in the petition.

(3) The date on which the regional board acted or refused to act or on which the regional board was requested to act.

(4) A full and complete statement of the reasons the action or failure to act was inappropriate or improper.

(5) The manner in which the petitioner is aggrieved.

(6) The specific action by the state or regional board which petitioner requests.

(7) A statement of points and authorities in support of legal issues raised in the petition.

(8) A list of persons, if any, other than the petitioner and discharger, if not the petitioner, known by the regional board to have an interest in the subject matter of the petition. Such list shall be obtained from the regional board.

(9) A statement that the petition has been sent to the appropriate regional board and to the discharger, if not the petitioner.

(10) A copy of a request to the regional board for preparation of the regional board record, including a copy of the tape recording of the regional board action or a transcript, if available.

(b) If petitioner requests a hearing for the purpose of presenting additional evidence, the petition shall include a statement that additional evidence is available that was not presented to the regional board or that evidence was improperly excluded by the regional board. A detailed statement of the nature of the evidence and of the facts to be proved shall also be included. If evidence was not presented to the regional board the reason it was not presented shall be explained. If the petitioner contends that evidence was improperly excluded, the request for a hearing shall include a specific statement of the manner in which the evidence was excluded improperly.

2050.5. Complete Petitions; Responses

Upon receipt of a petition which complies with Section 2050 the state board shall give written notification to the petitioner, the discharger, if not the petitioner, the regional board, and other interested persons that they shall have 20 days from the date of mailing such notification to file a response to the petition with the state board. Respondents to petitions shall also send copies of their responses to the petitioner and the regional board, as appropriate. The regional board shall file the record specified in Section 2050(a)(10) within this 20-day period. Any response which requests a hearing by the state board shall comply with Section 2050(b). The time for filing a response may be extended by the board.

2051. Defective Petitions.

Upon receipt of a petition which does not comply with Section 2050 the petitioner will be notified in what respect the petition is defective and the time within which an amended petition may be filed. If a properly amended petition is not received by the board within the time allowed the petition shall be dismissed unless cause is shown for an extension of time.

2052. Action by State Board.

(a) The state board may:

(1) Refuse to review the action or failure to act of the regional board if the petition fails to raise substantial issues that are appropriate for review, or

(2) After review of the regional board's records pertaining to the matter, including the transcript of any hearing held by the regional board:

(A) Deny the petition upon a finding that the action or failure to act of the regional board was appropriate and proper; or

(B) Set aside or modify the regional board order; or

(C) Direct the regional board to take appropriate action.

Before taking final action, the state board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both.

(b) If a hearing is held the board shall give reasonable notice of the time and place and of the issues to be considered to the petitioner, the discharger,if not the petitioner, the regional board, any interested persons who have filed a response to the petition pursuant to Section 2050 and such other persons as the board deems appropriate.

(c) If a hearing is held, the board in its discretion may require that, not later than ten days prior to the hearing, all interested parties intending to participate shall submit to the board in writing the name of each witness who will appear, together with a statement of the qualifications of each expert witness, the subject of the proposed testimony, and the estimated time required by the witness to present his direct testimony. The board may also require that copies of proposed exhibits be supplied to adverse parties and seven copies be supplied to the board not later than ten days prior to the hearing.

(d) If formal disposition of the petition is not made by the state board within 270 days of the written notification provided for in Section 2050.5, the petition is deemed denied. This time limit may be extended for a period not to exceed 60 days by written agreement between the state board and the petitioner.

2053. Stay Orders.

(a) A stay of the effect of an action of a regional board shall be granted only if petitioner alleges facts and produces proof of

(1) substantial harm to petitioner or to the public interest if a stay is not granted,

(2) a lack of substantial harm to other interested persons and to the public interest if a stay is granted and

(3) substantial questions of fact or law regarding the disputed action.

A petition for a stay shall be supported by affidavit of a person or persons having knowledge of the facts alleged. Upon a documented showing by petitioner that he complies with the prerequisites for a stay, the state board will hold a hearing. A request for a stay may be denied without a hearing. If a hearing is held, notice shall be given in such manner and to such persons, in addition to the petitioner, as the board deems appropriate.

(b) Nothing in subsection (a) shall preclude the state board from issuing a stay of the effect of an action of a regional board, after hearing, upon its own motion. The requirement of an affidavit may be waived by the board in case of an emergency.

2054. Consolidation of Proceedings.

The board may order two or more proceedings which are legally or factually related to be considered or heard together unless any party thereto makes a sufficient showing of prejudice.

2055. Notice of Review.

When a review is undertaken on the board's own motion, all affected persons known to the board shall be notified and given an opportunity to submit information and comments, subject to such conditions as the board may prescribe.

2059.1. Review of Septic Tank Prohibitions.

Whenever the board reviews waste discharge requirements which include a determination that the discharge of waste from existing or new individual disposal systems or from community collection and disposal systems which utilize subsurface disposal shall not be permitted, evidence of alternatives shall be considered by he board as provided in Subchapter 9.1, Article 2 of this chapter.

2064. Record.

When a state board hearing is held the decision of the state board will be based on that evidence and testimony in the record of the hearing. When no hearing is held, the decision of the state board will be based on the record before the regional board. Except that in either case the record may be supplemented by any other evidence and testimony accepted by the state board pursuant to Section 2066. Upon the close of a hearing, the presiding officer may keep the hearing record open for a definite time, not to exceed thirty days, to allow any party to file additional exhibits, reports or affidavits.

2065. Informal Disposition.

Informal disposition may be made of any petition by stipulation, agreed settlement, consent or default. However, any such disposition will not become effective until acted upon by the state board in a public meeting.

2066. Workshop Meeting.

(a) The state board may discuss a proposed order in response to a petition for review of an action of a regional water quality control board in a public workshop meeting prior to formal action at a board meeting. At the workshop meeting, the state board may invite comments on the proposed order from interested persons. These comments shall be based solely upon factual evidence contained in the record or upon legal argument.

(b) If, after the close of the record pursuant to Section 2064, any interested person desires to submit factual evidence not contained in the record, such person may make this request to the state board prior to or during the workshop meeting. This request shall include a description of the evidence, and a statement and supporting argument that the evidence was improperly excluded from the record or an explanation of the reasons why the factual evidence could not previously have been submitted. If the state board in its discretion approves the request, the evidence must be submitted in writing by the person requesting consideration of the evidence to the state board and all other interested persons including, but not limited to, the waste discharger if the discharger is not the petitioner, the appropriate regional board, any interveners and any interested parties recognized by the state board pursuant to Section 2058, within five days of such approval. Such evidentiary submittal shall be accompanied by a notification to all other interested persons that they shall be allowed an additional five days from the submittal date to file responsive comments in writing. A copy of such notification shall be filed with the state board.

2067. Formal Disposition.

Formal disposition by the state board of any matter for decision will be taken at a regularly or specially scheduled board meeting. At the meeting the board may invite comments on the matter from interested persons. These comments shall be based solely upon factual evidence contained in the record or legal argument.

No new factual evidence shall be submitted at the state board meeting. If new legal argument is to be submitted at the state board meeting, this argument shall be filed in writing with the state board and other interested persons at least five working days prior to the state board meeting in order for such argument to be considered by the state board.

2068. Notice of Right to Petition.

Each regional board shall inform persons attending each of its business meetings of the right to petition the state board to review an action or inaction of the regional board and of the availability of copies of the state board's regulations regarding such petitions. This announcement may be made orally or by printing in the regional board's agenda or both.

Send appeal to:

Office of Chief Counsel
State Water Resources Control Board
PO Box 100 (901) P Street
Sacramento, CA 95812-0100

Send copy to:

David Gibson, Executive Officer
David.Gibson@waterboards.ca.gov
San Diego Regional Water Quality Control Board
2375 Northside Drive, Suite 100
San Diego, CA. 92108

 

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