13263.3
. (a) The Legislature finds and declares that pollution
prevention should be the first step in a hierarchy for reducing
pollution and managing wastes, and to achieve environmental
stewardship for society. The Legislature also finds and declares that
pollution prevention is necessary to support the federal goal of
zero discharge of pollutants into navigable waters.
(b) (1) For the purposes of this section, "pollution prevention"
means any action that causes a net reduction in the use or generation
of a hazardous substance or other pollutant that is discharged into
water and includes any of the following:
(A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of pollutants discharged in
wastewater.
(B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
pollutants discharged in wastewater.
(C) "Production process change," which means a change in a
process, method, or technique that is used to produce a product or a
desired result, including the return of materials or their components
for reuse within the existing processes or operations, so as to
reduce, avoid, or eliminate the generation of pollutants discharged
in wastewater.
(D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
problem pollutants discharged in wastewater.
(2) For the purposes of this section, "pollution prevention" does
not include actions that merely shift a pollutant in wastewater from
one environmental medium to another environmental medium, unless
clear environmental benefits of such an approach are identified to
the satisfaction of the state board, the regional board, or POTW.
(c) For the purposes of this section, "discharger" means any
entity required to obtain a national pollutant discharge elimination
system (NPDES) permit pursuant to the Clean Water Act (33 U.S.C. Sec.
1251 et seq.), or any entity subject to the pretreatment program as
defined in Part 403 (commencing with Section 403.1) of Subchapter N
of Chapter 1 of Part 403 of Title 40 of the Code of Federal
Regulations.
(d) (1) The state board, a regional board, or a POTW may require a
discharger subject to its jurisdiction to complete and implement a
pollution prevention plan if any of the following apply:
(A) A discharger is determined by the state board to be a chronic
violator, and the state board, a regional board, or the POTW
determines that pollution prevention could assist in achieving
compliance.
(B) The discharger significantly contributes, or has the potential
to significantly contribute, to the creation of a toxic hot spot as
defined in Section 13391.5.
(C) The state board, a regional board, or a POTW determines
pollution prevention is necessary to achieve a water quality
objective.
(D) The discharger is subject to a cease and desist order issued
pursuant to Section 13301 or a time schedule order issued pursuant to
Section 13300 or 13308.
(2) A pollution prevention plan required of a discharger other
than a POTW pursuant to paragraph (1) shall include all of the
following:
(A) An analysis of one or more of the pollutants, as directed by
the state board, a regional board, or a POTW, that the facility
discharges into water or introduces into POTWs, a description of the
sources of the pollutants, and a comprehensive review of the
processes used by the discharger that result in the generation and
discharge of the pollutants.
(B) An analysis of the potential for pollution prevention to
reduce the generation of the pollutants, including the application of
innovative and alternative technologies and any adverse
environmental impacts resulting from the use of those methods.
(C) A detailed description of the tasks and time schedules
required to investigate and implement various elements of pollution
prevention techniques.
(D) A statement of the discharger's pollution prevention goals and
strategies, including priorities for short-term and long-term
action.
(E) A description of the discharger's existing pollution
prevention methods.
(F) A statement that the discharger's existing and planned
pollution prevention strategies do not constitute cross media
pollution transfers unless clear environmental benefits of such an
approach are identified to the satisfaction of the state board, the
regional board, or the POTW, and information that supports that
statement.
(G) Proof of compliance with the Hazardous Waste Source Reduction
and Management Review Act of 1989 (Article 11.9 (commencing with
Section 25244.12) of Chapter 6.5 of Division 20 of the Health and
Safety Code) if the discharger is also subject to that act.
(H) An analysis, to the extent feasible, of the relative costs and
benefits of the possible pollution prevention activities.
(I) A specification of, and rationale for, the technically
feasible and economically practicable pollution prevention measures
selected by the discharger for implementation.
(3) The state board or a regional board may require a POTW to
complete and implement a pollution prevention plan that includes all
of the following:
(A) An estimate of all of the sources of a pollutant contributing,
or potentially contributing, to the loading of that pollutant in the
treatment plant influent.
(B) An analysis of the methods that could be used to prevent the
discharge of the pollutants into the POTW, including application of
local limits to industrial or commercial dischargers regarding
pollution prevention techniques, public education and outreach, or
other innovative and alternative approaches to reduce discharges of
the pollutant to the POTW. The analysis also shall identify sources,
or potential sources, not within the ability or authority of the POTW
to control, such as pollutants in the potable water supply, airborne
pollutants, pharmaceuticals, or pesticides, and estimate the
magnitude of those sources, to the extent feasible.
(C) An estimate of load reductions that may be attained through
the methods identified in subparagraph (B).
(D) A plan for monitoring the results of the pollution prevention
program.
(E) A description of the tasks, cost, and time required to
investigate and implement various elements in the pollution
prevention plan.
(F) A statement of the POTW's pollution prevention goals and
strategies, including priorities for short-term and long-term action,
and a description of the POTW's intended pollution prevention
activities for the immediate future.
(G) A description of the POTW's existing pollution prevention
programs.
(H) An analysis, to the extent feasible, of any adverse
environmental impacts, including cross media impacts or substitute
chemicals, that may result from the implementation of the pollution
prevention program.
(I) An analysis, to the extent feasible, of the costs and benefits
that may be incurred to implement the pollution prevention program.
(e) The state board, a regional board, or a POTW may require a
discharger subject to this section to comply with the pollution
prevention plan developed by the discharger after providing an
opportunity for comment at a public proceeding with regard to that
plan.
(f) The state board, regional boards, and POTWs shall make the
pollution prevention plans available for public review, except to the
extent that information is classified as confidential because it is
a trade secret. Trade secret information shall be set forth in an
appendix that is not available to the public.
(g) The state board or regional board may assess civil liability
pursuant to paragraph (1) of subdivision (c) of Section 13385 against
a discharger for failure to complete a pollution prevention plan
required by the state board or a regional board, for submitting a
plan that does not comply with the act, or for not implementing a
plan, unless the POTW has assessed penalties for the same action.
(h) A POTW may assess civil penalties and civil administrative
penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the
Government Code against a discharger for failure to complete a
pollution prevention plan when required by the POTW, for submitting a
plan that does not comply with the act, or for not implementing a
plan, unless the state board or a regional board has assessed
penalties for the same action.
(i) A discharger may change its pollution prevention plan,
including withdrawing from a pollution prevention measure required by
the state board, a regional board, or a POTW, if the discharger
determines that the measure will have a negative impact on product
quality, the safe operation of the facility, or the environmental
aspects of the facility's operation, or the discharger determines
that the measure is economically impracticable or technologically
infeasible. Where practicable and feasible, the discharger shall
replace the withdrawn measure with a measure that will likely achieve
similar pollution prevention objectives. A measure may be withdrawn
pursuant to this subdivision only with the approval of the executive
officer of the state board or the regional board, or the POTW.
(j) The state board shall adopt a sample format to be used by
dischargers for completing the plan required by this section. The
sample format shall address all of the factors the discharger is
required to include in the plan. The board may include any other
factors determined by the board to be necessary to carry out this
section. The adoption of the sample format pursuant to this section
is not subject to Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
(k) The state board, a regional board, or POTW may not include a
pollution prevention plan in any waste discharge requirements or
other permit issued by that agency.
(l) This section prevails over Section 13263.3, as added to the
Water Code by Assembly Bill 1104 of the 1999-2000 Regular Session.