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 achieve 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 demonstrated.
(c) (1) 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.
(2) For the purposes of this section, "industrial discharger"
means any discharger other than a publicly owned treatment works
(POTW).
(d) (1) The state board, a regional board, or a POTW may require a
discharger subject to its jurisdiction to complete a pollution
prevention plan if any of the following apply:
(A) A discharger is determined to be a chronic violator and the
board or the POTW determines that pollution prevention could achieve
compliance.
(B) The discharger contributes, or has the potential to
contribute, to the formation of a toxic hot spot as defined in
Section 13391.5.
(C) The discharger discharges a pollutant for which the permitted
level is lower than the practical quantification limit and the state
board, a regional board, or the POTW determines that additional
reductions of the pollutant are necessary.
(D) The board determines pollution prevention is necessary to
achieve a water quality objective.
(2) The state board, a regional board, or a POTW may require an
industrial discharger subject to its jurisdiction to complete a
pollution prevention plan that includes all of the following:
(A) An analysis of the pollutants 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 intended pollution
prevention activities for the immediate future.
(F) A description of the discharger's existing pollution
prevention methods.
(G) A statement that the discharger's existing and planned
pollution prevention strategies do not constitute cross-media
pollution transfers, and information that supports that statement.
(H) Toxic chemical release data for those dischargers subject to
Section 313 of the Emergency Planning and Community Right to Know Act
of 1986 (42 U.S.C. Sec. 11023).
(I) 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.
(J) An analysis of the relative costs and benefits of the possible
pollution prevention activities.
(3) A regional board may require a POTW to complete 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 loadings of a pollutants 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 or the regional board may establish a schedule
of actions identified in the pollution prevention plans for the
discharger.
(f) The state board or regional board shall solicit comments from
the public on a pollution prevention plan prepared pursuant to this
section and address the public comments when determining what
schedule of actions, if any, to establish for the discharger pursuant
to this section.
(g) The state board and regional boards 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.
(h) Any costs incurred by the state board or a regional board
resulting from actions required by this section shall be paid for
from revenue generated by the fees imposed by Section 13260.
(i) The state board or regional board may assess civil penalties
pursuant to Section 13385 against a discharger for failure to
complete a pollution prevention plan ordered by the state board or a
regional board, or for failure to comply with a schedule of actions
ordered by the state board or a regional board pursuant to this
section.
(j) A POTW may assess civil penalties and civil administrative
penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the
Government Code against an industrial discharger for failure to
complete a pollution prevention plan when ordered by the POTW, for
submitting a plan that does not comply with the act, or for failure
to comply with a schedule of actions ordered by the POTW pursuant to
this section, unless the regional board has assessed penalties for
the same action.
(k) A discharger may change its pollution prevention plan,
including withdrawing from a pollution prevention measure approved 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 facilities operation, and the discharger demonstrates
to the board or the POTW an alternative measure that achieves that
same pollution prevention objective.
(l) The state board shall adopt a format to be used by dischargers
for completing the plan required by this section. The 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
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.