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00 100 <br />Water Boards <br />EDMuND Ci. BROWN JR. <br />00yERNOR <br />ei MATTHEW ROORIOUEZ <br />SECRETARY FOR <br />E N nROIFCTION <br />Central Valley Regional Water Quality Control Board <br />Fact Sheet — Requirements for Submitting Technical Reports under <br />Section 13267 of the California Water Code <br />What does it mean when the Regional Water <br />Board requires a technical report? Section <br />132671 of the California Water Code provides <br />that "...the regional board may require that any <br />person who has discharged, discharges, or who <br />is suspected of having discharged or <br />discharging, or who proposes to discharge <br />waste.. .that could affect the quality of <br />waters...shall furnish, under penalty of perjury, <br />technical or monitoring program reports which <br />the regional board requires." <br />This requirement for a technical report <br />seems to mean that I am guilty of something, <br />or at least responsible for cleaning <br />something up. What if that is not so? <br />The requirement for a technical report is a tool <br />the Regional Water Board uses to investigate <br />water quality issues or problems. The <br />information provided can be used by the <br />Regional Water Board to clarify whether a given <br />party has responsibility. <br />Are there limits to what the Regional Water <br />Board can ask for? <br />Yes. The information required must relate to an <br />actual or suspected or proposed discharge of <br />waste (including discharges of waste where the <br />initial discharge occurred many years ago), and <br />the burden of compliance must bear a <br />reasonable relationship to the need for the <br />report and the benefits obtained. The Regional <br />Water Board is required to explain the reasons <br />for its request. <br />What if I can provide the information, but not <br />by the date specified? <br />A time extension may be given for good cause. <br />Your request should be promptly submitted in <br />writing, giving reasons. <br />All code sections referenced herein can be found by going to <br />www.leginfaca.gov. <br />Are there penalties if I don't comply? <br />Depending on the situation, the Regional Water <br />Board can impose a fine of up to $5,000 per day, <br />and a court can impose fines of up to $25,000 <br />per day as well as criminal penalties. A person <br />who submits false information or fails to comply <br />with a requirement to submit a technical report <br />may be found guilty of a misdemeanor. For <br />some reports, submission of false information <br />may be a felony. <br />Do I have to use a consultant or attorney to <br />comply? <br />There is no legal requirement for this, but as a <br />practical matter, in most cases the specialized <br />nature of the information required makes use of <br />a consultant and/or attorney advisable. <br />What if I disagree with the 13267 <br />requirements and the Regional Water Board <br />staff will not change the requirement and/or <br />date to comply? You may ask that the Regional <br />Water Board reconsider the requirement, and/or <br />submit a petition to the State Water Resources <br />Control Board. See California Water Code <br />sections 13320 and 13321 for details. A request <br />for reconsideration to the Regional Water Board <br />does not affect the 30-day deadline within which <br />to file a petition to the State Water Resources <br />Control Board. <br />If I have more questions, whom do I ask? <br />Requirements for technical reports include the <br />name, telephone number, and email address of <br />the Regional Water Board staff contact. <br />Revised January 2014 <br />KARL E. LoNGLEy ScD, P.E., CHAIR I PAMELA C. CREEDON PE,. BCEE, EXECUTIVE OFFICER <br />11020 Sun Center Onve 0200. Rancho Cordova, CA 95670 I www waterboards.ca.govicentralvalley <br />Ca NF CvCI.E0 PaVE R