The Legislature finds and declares as follows:
(a)The Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, provides for permit systems to regulate the discharge of pollutants and dredged or fill material to the navigable waters of the United States and to regulate the use and disposal of sewage sludge.
(b)The Federal Water Pollution Control Act, as amended, provides that permits may be issued by states which are authorized to implement the provisions of that act.
(c)It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this division, to enact this chapter in order to authorize the state to implement the provisions of the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto, provided, that the state board shall request federal funding under the Federal Water Pollution Control Act for the purpose of carrying out its responsibilities under this program.
Notes of Decisions
Dep't of Fin. v. Comm'n on State Mandates, 378 P.3d 356 (Cal. 2016).
· cites it 6× “The Legislature explained the amendment was ―in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to [the Porter- Cologne Act].”
City of Burbank v. State Water Resources Control Bd., 108 P.3d 862 (Cal. 2005).
· cites it 2× “(Wat.Code, § 13370, subd. (c).) As part of these amendments, the Legislature provided that the state and regional water boards `shall, as required or authorized by the [Clean Water Act], issue waste discharge requirements .”
Dep't of Fin. v. Comm'n on State Mandates, 226 Cal. Rptr. 3d 846 (Cal. Ct. App. 5th 2017).
· cites it 3× “The Legislature explained the amendment was 'in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to [the Porter-Cologne Act].”
Bldg. Indus. Ass'n v. State Water Resources Control Bd., 22 Cal. Rptr. 3d 128 (Cal. Ct. App. 2005).
“(Wat. Code, § 13370, subd. (c).) As part of these amendments, the Legislature provided that the state and regional water boards “shall, as required or authorized by the [Clean Water Act], issue waste discharge requirements .”
People v. Ramsey, 2000 Cal. Daily Op. Serv. 2548 (Cal. Ct. App. 2000).
“(Wat. Code, § 13370.) Water Code section 13376 requires anyone who discharges, or proposes to discharge, a pollutant, dredged material, or fill into the navigable waters of the United States must file an appropriate report, unless the discharges are not subject to the federal…”
Dept. of Fin. v. Comm'n on State Mandates (Cal. Ct. App. 2017).
· cites it 3× “The Legislature explained the amendment was ‘in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to [the Porter-Cologne Act].’ (Ibid.) The Legislature provided…”
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