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<br /> (d) On the power of a state agency in the enforcement or administra- (i) "Water quality control"means the regulation of any activity or fac-
<br /> tion of any provision of law which it is specifically permitted or required for which may affect the quality of the waters of the state and includes the
<br /> to enforce or administer. prevention and correction of water pollution and nuisance.
<br /> (e) On the right of any person to maintain at any time any appropriate 0) "Water quality control plan" consists of a designation or establish-,
<br /> action for relief against any private nuisance as defined in the Civil Code ment for the waters within a specified area of(1) beneficial uses to be pro-
<br /> or for relief against any contamination or pollution.. tected, (2) water quality objectives,and (3) a program of implementation
<br /> CHAPTER 1.5. SHORT TITLE needed for achieving water quality objectives.
<br /> 13020: This division shall be known and may be cited as the Porter- (k) "Contamination"means an impairment of the quality of the waters
<br /> of the state by waste to a degree which creates a hazard to the public
<br /> Cologne Water Quality Control Act.
<br /> lieaitli through 'poisoning pr through the spread of disease. '"Coittami-
<br /> CHAPTER 2. DEFINITIONS nation" shall include any equivalent effect resulting from the disposal of
<br /> 13050. As used in this division: waste, whether or not waters of the state are affected.
<br /> (a) "State board" means the State Water Resources Control Board. (1) "Pollution" means an alteration of the quality of the waters of t ..-
<br /> (b) "Regional board"means any California regional water quality con- t state by waste to a degree which unreasonably affects (1) such waters for
<br /> trol board for a region as specified in Section 13200. beneficial uses, or (2) facilities which serve such beneficial uses. "Pol-
<br /> (c) "Person"also includes any city,county,district,the state or any de- lotion- may-include T"contamination:'.__._.,
<br /> partment or agency thereof. "Person" includes the United States, to the .�(m) "Nuisance':'means anything which: :(1) is injurious to health, or is
<br /> extent authorized by federal law. indecent or offensive to the senses, or an obstruction to the free use of
<br /> (d) "Waste "includes sewage and any'and all other waste substances, property, so as to interfere with the comfortable enjoyment of life or.
<br /> liquid,solid,gaseous,or radioactive,associated with human habitation,or : property,and (2) affects at the same time an entire community or neigh-
<br /> -of human or animal origin,or from any producing,manufacturing,or pro- boyhood, or any considerable number of persons, although the extent of
<br /> cessing operation of whatever nature,including such waste placed within the annoyance or„damage-inflicted-upon_individuals may.be-unequal,_and
<br /> containers of whatever nature prior to, and for purposes of, disposal. (3) occurs during or as_a result of the treatment or disposal of wastes!
<br /> The Porter-Cologne Act provides that it is intended to implement the legislative recornmen-. (n)"Reclaimed'water" means water whiclt;as a"result of treatment of
<br /> dations in it report of the Stale Water Resources Control Board to the Legislature which in turn contains waste,is suitable for a direct beneficial use or a controlled use that would
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<br /> a note that the de(mition of waste is intended to include all interpretations of the Attorney General of not otherwise occur.
<br /> "sewage-,"industrial waste",and"other waste'-under the former act.These terms were interpreted to
<br /> include all of the following: (o) "Citizen or domiciliary 'of the State of California includes a foreign
<br /> i. f)rainage from inol,cralivc and abandoned mines.26 Ops.Ca.Atty.Gen.88;see also 37 Ops.cal. corporation having substantial business contacts in the State of California
<br /> Atty.Gen.163. or which is subject to service of process in this state.
<br /> 2. Drainage.flow or seepage containing debris or eroded earth from logging ol,eralions:da'ste mate- �. .. i
<br /> rias;n clumps;drainage from agricultural operations;liquids from a stratum intercepted by a u'CIl (p) (1) Hazardous substance means either of the following: ,
<br /> which Rows through the well into another str:+tum.27 Ops.C:+h Alty.Gen tae. (A) For discharge to surface waters,any substance determined.to bel,,.
<br /> 3. Discharge of water from a hydroelectric plant.43 Ops.Ctrl,Atty.Ceti.302. hazardous substance pursuant to Section 311(b) (2) of the Clean Water
<br /> 4. Chanties in the physical or chemical characteristics of receiving waters caused by extraction of sand, Act (33 U.S.C. Section 1251 et seq.).
<br /> gravel or other,naterials from a streambed:32 Ops,Cal.Atty.Gen.139. (B) For discharge to groundwater,any substance listed as a-hazardous:
<br /> s. waste from construction olmrations,dumped it,waters of the state.16 Ops.Cal.Atty.Ceti.125. waste or hazardous material pursuant to Section 25,140 of the Health and
<br /> (e) "Waters of the State"Beans any water,surface or underground;in= Safety Code,without regard to whether such substance is intended to be
<br /> eluding saline waters,within the boundaries of the state. used,reused,or discarded,except that"hazardous substance"shall not in-
<br /> (f) `Beneficial`uses"of the waters of the state that may be protected elude any substance excluded from the'applicability;of Section 311(b) (2)
<br /> against quality degradation include,but are not necessarily limited to,do- of the Clean Water Act because it is within the scope of Section 311(a) (1)
<br /> mestic, municipal, agricultural and industrial suF-pF1 ; power
<br /> generation; of the Clean Water Act.
<br /> tion; and preservation and en-,esthetic enjoyment; naviga
<br /> (2). "Hazardous.substance'"does not include any of the following:. ,
<br /> hancement of fish, wildlife, and other aquatic resources or preserves.`. "� (A) Nontoxic,nonflammable,noncorrosive stormwater runoff drained
<br /> (g)' "Quality of the water"or"quality of the waters"refers to chemical, from underground vaults, chambers, or"manholes into gutters or storm
<br /> physical,biological,bacteriological,radiological'.and other properties and sewers.
<br /> characteristics of water which affect its use. (B) Any pesticide which is applied for agricutural purposes or is op-
<br /> .. (h) "Water quality objectives"means the limits or levels of water qual- plied in accordance with a cooperative agreement authorized by Section
<br /> ity constituents or characteristics which are established for the reasonable 2426 of the Health and Safety Code,and is not discharged accidentally-or-
<br /> protection of beneficial uses of water or the prevention of nuisance within for purposes.of disposal,the application:of which is in compliance with all
<br /> a specific area. _ applicable state and federal laws and regulations.
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