SITE INFORMATION AND CORRESPONDENCE 1995-2004

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STATE WATER RESOURCES CONTROL BOARD abatement activities resulting from discharges of RESOLUTION NO. 92-49 hazardous substances, including: (As Amended on April 21, 1994) a. The procedures the State Water Board and the Regional Water Boards will follow in making POLICIES AND PROCEDURES decisions as to when a person may be required FOR INVESTIGATION AND to undertake an investigation to determine if an CLEANUP AND ABATEMENT OF unauthorized hazardous substance discharge has DISCHARGES UNDER WATER CODE occurred; SECTION 13304 b. Policies for carrying out a phased, step-by-step investigation to determine the nature and extent of possible soil and ground water contamination WHEREAS: or pollution at a site; c. Procedures for identifying and utilizing the 1. California Water Code (WC) Section 13001 most cost-effective methods for detecting provides that it is the intent of the Legislature that contamination or pollution and cleaning up or the State Water Resources Control Board (State abating the effects of contamination or Water Board) and each Regional Water Quality pollution; Control Board (Regional Water Board) shall be d. Policies for determining reasonable schedules the principal state agencies with primary responsibility for the coordination and for investigation and cleanup, abatement, or control of other remedial action at a site. The policies water quality. The State and Regional Water Boards shall conform to and implement the policies shall recognize the danger to public health and the waters of the state posed by an of the Porter-Cologne Water Quality Control Act (Division 7, commencing with WC Section 13000) unauthorized discharge and the need to mitigate and shall coordinate their respective activities so as those dangers while at the Same time taking to achieve a unified and effective water quality into account, to the extent possible, the control program in the state; resources. both financial and technical, available to the person responsible for the discharge; 2. WC Section 13140 provides that the State Water 6. "Waters of the state" include both ground water Board shall formulate and adopt State Policy for and surface water; Water Quality Control; 7. Regardless of the type of discharge, procedures and 3. WC Section 13240 provides that Water Quality policies applicable to investigations, and cleanup Control Plans shall conform to any State Policy for and abatement activities are similar. It is in the best Water Quality Control; interest of the people of the state for the State 4. WC Section 13304 requires that any person who Water Board to provide consistent guidance for has discharged or discharges waste into waters of Regional Water Boards to apply to investieation. the state in violation of any waste discharge and cleanup and abatement; requirement or other order or prohibition issued by S. WC Section 13260 requires any person discharging a Regional Water Board or the State Water Board, or proposing to discharge wast or who has caused or permitted, causes or permits, e that could affect of the state, or proposing to change the or threatens to cause or permit any waste to be character, location, or volume of a discharge to file discharged or deposited where it is, or probably a report with and receive requirements from the" will be, discharged into the waters of the state and Regional Water Board; creates, or threatens to create, a condition of pollution or nuisance may be required to clean up 9• WC Section 13267 provides that the Regional the discharge and abate the effects thereof. This Water Board may require dischargers, past section authorizes Regional Water Boards to dischargers, or suspected dischargers to fumish require complete cleanup of all waste discharged those technical or monitoring reports as the and restoration of affected water to background Regional Water Board may specify, provided that conditions (i.e., the water quality that existed the burden, including costs, of these reports, shall before the discharge). The term waste discharge bear a reasonable relationship to the need for the requirements includes those which implement the reports and the benefits to be' obtained from the National Pollutant Discharge Elimination System; reports; WC Section 13307 provides that the State Water 10. WC Section 13300 states that the Regional Water Board shall establish policies and procedures that Board may require a discharger to submit a time its representatives and the representatives of the schedule of specific actions the discharger shall Regional Water Boards shall follow for the take in order to correct or prevent a violation of oversight of investigations and cleanup and requirements prescribed by the Regional Water Board or the State Water Board;