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STATE WATER RESOURCES CONTROL BOARD <br />RESOLUTION NO. 92-49 <br />POLICIES AND PROCEDURES FOR INVESTIGATION AND <br />CLEANUP AND ABATEMENT OF DISCHARGES <br />UNDER WATER CODE SECTION 13304 <br />WHEREAS: <br />( 1. California Water Code (WC) Section 13001 provides that it is the intent <br />t of the Legislature that the State Water Resources Control Board (State <br />Water Board) and each Regional Water Quality Control Board (Regional <br />i Water Board) shall be the principal state agencies with primary <br />responsibility for the coordination and control of water quality. The <br />State and Regional Water Boards shall conform to and implement the <br />policies of the Porter -Cologne Water Quality Control Act (Division 7, <br />commencing with WC Section 13000) and shall coordinate their respective <br />activities so as to achieve a unified and effective water quality control <br />program in the state; <br />2. WC Section 13140 provides that the State Water Board shall formulate and <br />adopt State Policy for Water Quality Control; <br />3. WC Section 13240 provides that Water Quality Control Plans shall conform <br />to any State Policy for Water Quality Control; <br />4. WC Section 13304 requires that any person who has discharged or <br />discharges waste into waters of the state in violation of any waste <br />discharge requirement or other order or prohibition issued by a Regional <br />Water Board or the State Water Board, or who has caused or permitted, <br />causes or permits, or threatens to cause or permit any waste to be <br />discharged or deposited where it is, or probably will be, discharged into <br />the waters of the state and creates, or threatens to create, a condition <br />of pollution or nuisance may be required to cleanup the discharge and <br />abate the effects thereof. This section authorizes Regional Water Boards <br />to require complete cleanup of a waste discharged an res oration of <br />affected water to background conditions (i.e., the water quality that <br />existed before the discharge). The term waste discharge requirements <br />includes those which implement the National Pollutant Discharge and <br />Elimination System Program; <br />WC Section 13307 provides that, on or before July 1, 1992, the State <br />Water Board shall establish policies and procedures that its <br />representatives and the representatives of the Regional Water Boards <br />shall follow for the oversight of investigations and cleanup and <br />abatement activities resulting from discharges of hazardous substances, <br />including: <br />a. The procedures the State Water Board and the Regional Water Boards <br />will follow in makine decisions as to when a person may be required <br />to undertake an investication to determine if an unauthorized <br />hazardous substance discharge has occurred; <br />