Cal. Code Regs. tit. 23 § 2907

Current through Register 2024 Notice Reg. No. 21, May 24, 2024

Section 2907 - Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304

I. The procedures Regional Water Boards shall implement in making decisions as to when a person may be required to undertake an investigation related to a discharge or threat of a discharge subject to WC § 13304.

The Regional Water Board shall:

* Use any relevant evidence to identify dischargers;

* Make reasonable efforts to identify dischargers;

* Require identified dischargers to investigate; and

* Coordinate with other agencies.

II. The policies Regional Water Boards shall apply in overseeing:

(a) investigations to determine the nature and horizontal and vertical extent of a discharge and

(b) appropriate cleanup and abatement measures.

The Regional Water Board shall:

* Require a progressive sequence: site assessment; investigation (soil and water); cleanup and abatement action development; cleanup and abatement action; and effectiveness verification;

* Approve concurrent action under site-specific circumstances; emergency, imminent threat, protracted investigation causing delay, and small discharges which can be cleaned up quickly;

* Require cleanup and abatement of all affected locations;

* Name other dischargers as permitted by law;

* Require adequate workplans;

* Review and approve workplans as practicable;

* Require documentation of activities;

* Require reliance on qualified professionals;

* Prescribe consistent standards for similar circumstances; and

* Identify activities that do not require supervision.

III. The procedures Regional Water Boards shall implement to ensure that discharges have the opportunity to select cost-effective methods for investigating discharges or threatened discharges and methods for cleaning up the discharges and abating the effects thereof.

The Regional Water Board shall:

* Require attainment of cleanup and abatement goals;

* Require reasonable technical and monitoring reports;

* Require comparison of alternatives;

* Require consideration of standard and alternative investigative methods;

* Require consideration of standard and alternative cleanup and abatement methods;

* Require consistency with existing water quality control plans and policies; and

* Require best cleanup attainable if restoration of background is not feasible.

IV. The factors for Regional Water Boards to take into account in determining schedules for investigation and cleanup and abatement.

The Regional Water board shall take into account:

* Degree of threat;

* Timely compliance with water quality control plans and policies;

* Discharger's resources; and

* Desirability of avoiding use of public funds.

Cal. Code Regs. Tit. 23, § 2907

1. New section filed 7-8-94 pursuant to Government Code section 11353; operative 7-8-94 (Register 94, No. 27). This section is a summary of the regulatory provisions contained in Board Resolution No. 92-49 as is provided for in Government Code section 11353.
2. Editorial correction of HISTORY 1 (Register 94, No. 32).

1. New section filed 7-8-94 pursuant to Government Code section 11353; operative 7-8-94 (Register 94, No. 27). This section is a summary of the regulatory provisions contained in Board Resolution No. 92-49 as is provided for in Government Code section 11353.
2. Editorial correction of History 1 (Register 94, No. 32).