California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 9.1 - Enforcement Procedures
Article 1 - Cease and Desist Orders
Section 2244.1 - Exclusions from Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Orders prohibiting or restricting additional discharges should expressly exclude structures with building permits already issued at the time the notice of the cease and desist hearing to consider the proposed prohibition or restriction was given unless special circumstances justify inclusion of such structures.
Where the governmental entity with jurisdiction normally does not issue a document called a "building permit" but uses another term to refer to the document which constitutes its final approval of construction, an order prohibiting or restricting additional discharges should expressly exclude such structure if this document has been issued. In the event a structure does not normally require a building permit (e.g., where a government building is exempted from the permit process) an order prohibiting or restricting additional discharges should expressly exclude such structures if construction has commenced.
(b) The following should also be excluded from prohibitions and restrictions:
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
2. Amendment of subsection (a) filed 8-24-78 as an emergency; effective upon filing (Register 78, No. 34).
3. Certificate of Compliance filed 10-20-78 (Register 78, No. 42).
Note: Authority cited: Sections 1058 and 13976(h), Water Code. Reference: Chapters 3 and 5, of Division 7, Water Code.
