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SFPUC - 2 - 27 June 2018 San Joaquin County Regulatory Considerations CWC section 13260 requires that any person who initiates a discharge of waste must submit a report of waste discharge to the Regional Water Board. Section 13264 of the California Water Code states, in part: No person shall initiate any new discharge of waste or make any material changes in any discharge, or initiate a discharge to, make any material changes in a discharge to, or construct, an injection well, prior to the filing of the report required by Section 13260 and no person shall take any of these actions after filing the report but before whichever of the following occurs first: (1) The issuance of waste discharge requirements pursuant to Section 13263. Section 13265 of the California Water Code states: Any person discharging waste in violation of Section 13264, after such violation has been called to his attention in writing by the regional board, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). Each day of such discharge shall constitute a separate offense. Section 13173(b) of the California Water Code states: "Designated waste"means Nonhazardous waste that consists of, or contains, pollutants that, under ambient environmental conditions at a waste management unit, could be released in concentrations exceeding applicable water quality objectives or that could reasonably be expected to affect beneficial uses of the waters of the state as contained in the appropriate state water qualify control plan. Section 20210 of Title 27 of the California Code of regulations states: Designated waste, as defined in California Water Code s13173, shall be discharged only at Class l waste management units (for information regarding Class ! Units, see Chapter 15, Division 3, Title 23 of this code) or at Class 1/ waste management units which comply with the applicable SWRCB-promulgated provisions of this subdivision and have been approved by the RWQCB for containment of the particular kind of waste to be discharged_ Decomposable wastes in this category can be discharged to Class I or!! land treatment units. The City of San Francisco Public Utilities Commission as the owner of the property where the unpermitted discharges are taking place is responsible for coming into compliance with the California Water Code. The unpermitted discharges pose an unacceptable risk to the water quality of the state. At this time, the Central Valley Water Board has not authorized the discharge of mercury waste or any other waste to the unpermitted impoundment at the facility. This discharge must cease immediately. Continuing discharges of this nature without Central Valley Water Board authorization may subject the City of San Francisco Public Utilities Commission to administrative civil liabilities pursuant to Water Code sections 13350 andlor 13385 dating back to the date when these discharges occurred.