California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board
Section 2050 - Petition for Review by State Board

Universal Citation: 23 CA Code of Regs 2050

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any petition by an aggrieved person to the state board for review under Water Code Section 13320(a) of an action or failure to act by a regional board shall be submitted in writing and received by the state board within 30 days of any action or failure to act by a regional board. The petition shall contain the following:

(1) Name, address, telephone number and email address (if available) of the petitioner.

(2) The specific action or inaction of the regional board which the state board is requested to review and a copy of any order or resolution of the regional board which is referred to in the petition, if available. If the order or resolution of the regional board is not available, a statement shall be included giving the reason(s) for not including the order or resolution.

(3) The date on which the regional board acted or refused to act or on which the regional board was requested to act.

(4) A full and complete statement of the reasons the action or failure to act was inappropriate or improper.

(5) The manner in which the petitioner is aggrieved.

(6) The specific action by the state or regional board which petitioner requests.

(7) A statement of points and authorities in support of legal issues raised in the petition, including citations to documents or the transcript of the regional board hearing if it is available.

(8) A statement that the petition has been sent to the appropriate regional board and to the discharger, if not the petitioner.

(9) A statement that the substantive issues or objections raised in the petition were raised before the regional board, or an explanation of why the petitioner was not required or was unable to raise these substantive issues or objections before the regional board.

(b) Service of a petition may be made by U.S. mail, by hand delivery, by facsimile with hard copy to follow, or via e-mail to waterqualitypetition@waterboards.ca.gov. [In the case of service by facsimile, only the petition itself shall be sent. All exhibits shall be included with the hard copy.] The petition must be received by the state board no later than 5:00 p.m. 30 days following the date of the action or inaction by the regional board, except that if the thirtieth day following the date of the action or inaction falls on a Saturday, Sunday, or state holiday, the petition must be received by the state board no later than 5:00 p.m. on the first business day following.

(c) If the action or inaction that is the subject of the petition was taken by the regional board after notice and opportunity to comment, the petition to the state board shall be limited to those substantive issues or objections that were raised before the regional board.

(d) The state board shall notify the petitioner of the assigned petition number and the date the state board received the petition.

1. Repealer of Subchapter 6 (§§ 2050 through 2053) and new Subchapter 6 (§§ 2050 through 2065) filed 8-30-72 as organizational and procedural; effective upon filing (Register 72, No. 36). For prior history, see Register 71, No. 3.
2. Repealer of Subchapter 6 (§§ 2050 through 2065) and new Subchapter 6 (§§ 2050 through 2065) filed 12-15-72; effective thirtieth day thereafter (Register 72, No. 51).
3. Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
4. Amendment filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
5. Certificate of Compliance filed 7-13-79 (Register 79, No. 28). 6. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
6. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
7. Amendment of subsections (a)(7) and (b) and new subsection (d) filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).

Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.

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