Jurris.COM
Article 6. General Provisions Relating To Enforcement And Review of California Water Code >> Division 7. >> Chapter 5. >> Article 6.
(a) No waste discharge requirement or other order of a
regional board or the state board or decree of a court issued under
this division shall specify the design, location, type of
construction, or particular manner in which compliance may be had
with that requirement, order, or decree, and the person so ordered
shall be permitted to comply with the order in any lawful manner.
However, the restrictions of this section shall not apply to waste
discharge requirements or orders or decrees with respect to any of
the following:
(1) Discharge of solid waste to disposal sites other than evaporation ponds from which there is no drainage or seepage which requires the installation of riprap, the construction of walls and dikes, the installation of surface and underground drainage facilities to prevent runoff from entering the disposal area or leakage to underground or surface waters, or other reasonable requirements to achieve the above or similar purposes.
(2) Discharges of waste or fluid to an injection well, except any well which is regulated by the Division of Oil and Gas in the Department of Conservation pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code and Subpart F of Part 147 of Title 40 of the Code of Federal Regulations and is in compliance with that division and Subpart A (commencing with Section 146.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations.
(b) If the court, in an action for an injunction brought under this division, finds that the enforcement of an injunction restraining the discharger from discharging waste would be impracticable, the court may issue any order reasonable under the circumstances requiring specific measures to be undertaken by the discharger to comply with the discharge requirements, order, or decree.
(1) Discharge of solid waste to disposal sites other than evaporation ponds from which there is no drainage or seepage which requires the installation of riprap, the construction of walls and dikes, the installation of surface and underground drainage facilities to prevent runoff from entering the disposal area or leakage to underground or surface waters, or other reasonable requirements to achieve the above or similar purposes.
(2) Discharges of waste or fluid to an injection well, except any well which is regulated by the Division of Oil and Gas in the Department of Conservation pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code and Subpart F of Part 147 of Title 40 of the Code of Federal Regulations and is in compliance with that division and Subpart A (commencing with Section 146.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations.
(b) If the court, in an action for an injunction brought under this division, finds that the enforcement of an injunction restraining the discharger from discharging waste would be impracticable, the court may issue any order reasonable under the circumstances requiring specific measures to be undertaken by the discharger to comply with the discharge requirements, order, or decree.
(a) Every civil action brought under the provisions of this
division at the request of a regional board or the state board shall
be brought by the Attorney General in the name of the people of the
State of California and any such actions relating to the same
discharge may be joined or consolidated.
(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located.
(c) In any civil action brought pursuant to this division in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without such allegations and without such proof.
(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located.
(c) In any civil action brought pursuant to this division in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without such allegations and without such proof.
A publicly owned treatment works (POTW) with an approved
pretreatment program may conduct inspections in accordance with the
provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40
of the Code of Federal Regulations and assess and collect civil
penalties and civil administrative penalties in accordance with
Sections 54740, 54740.5, and 54740.6 of the Government Code, with
regard to all dischargers of industrial waste to the POTW.
(a) A publicly owned treatment works (POTW) with an approved
pretreatment program may conduct inspections in accordance with the
provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40
of the Code of Federal Regulations and assess and collect civil
penalties and civil administrative penalties in accordance with
Sections 54740, 54740.5, and 54740.6 of the Government Code, with
regard to all dischargers of industrial waste to the POTW.
(b) This section prevails over Section 13362, as added to the Water Code by Assembly Bill 1104 of the 1999-2000 Regular Session.
(b) This section prevails over Section 13362, as added to the Water Code by Assembly Bill 1104 of the 1999-2000 Regular Session.
