Section 13396 Of Chapter 5.6. Bay Protection And Toxic Cleanup From California Water Code >> Division 7. >> Chapter 5.6.
13396
. No person shall dredge or otherwise disturb a toxic hot spot
site that has been identified and ranked by a regional board without
first obtaining certification pursuant to Section 401 of the Clean
Water Act (33 U.S.C. Sec. 1341) or waste discharge requirements. The
state board and any regional board to which the state board has
delegated authority to issue certification shall not waive
certification for any discharge resulting from the dredging or
disturbance unless waste discharge requirements have been issued. If
the state board or a regional board does not issue waste discharge
requirements or a certification within the period provided for
certification under Section 401 of the Clean Water Act. The
certification shall be deemed denied without prejudice. On or after
January 1, 1993, the state and regional boards shall not grant
approval for a dredging project that involves the removal or
disturbance of sediment which contains pollutants at or above the
sediment quality objectives established pursuant to Section 13393
unless the board determines all of the following:
(a) The polluted sediment will be removed in a manner that
prevents or minimizes water quality degradation.
(b) Polluted dredge spoils will not be deposited in a location
that may cause significant adverse effects to aquatic life, fish,
shellfish, or wildlife or may harm the beneficial uses of the
receiving waters, or does not create maximum benefit to the people of
the state.
(c) The project or activity will not cause significant adverse
impacts upon a federal sanctuary, recreational area, or other waters
of significant national importance.