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 2244.3 - Removal of Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Prohibitions or restrictions on additional discharges shall not be removed until the violations of requirements which were the basis for imposing the prohibitions or restrictions have ceased and consistent compliance with those requirements has been achieved.
(b) As an exception to (a), prohibitions or restrictions on additional discharges may be removed, at the discretion of the Board, if the Board finds (1) that consistent compliance with requirements can be achieved only by construction of a facility which will take a substantial period of time to complete, and (2) that the discharger has the capacity, authority, and financial resources to complete the corrective measures necessary to achieve compliance and is currently proceeding with such corrective measures, and (3) that the corrective measures necessary to achieve compliance with requirements will be completed and placed into operation by the discharger in the shortest practicable time, and (4) that all practicable interim repairs and improvements to the treatment process of the discharges which can be made have been made, and (5) that during the interim period of time until compliance with requirements can be fully achieved the treatment process of the discharges will be so managed, operated, maintained and repaired as to reduce to a minimum the violations which resulted in the imposition of the prohibitions or restrictions, and that such minimum violations for the interim period of time involved will not significantly impair water quality or beneficial uses.
(c) Prohibitions or restrictions, if removed under subsection (b) hereof, shall be reimposed if the Board finds that the discharger is in violation of any of the conditions of subsection (b) hereof prior to the time that consistent compliance with requirements has been achieved.
(d) Removal of the prohibition or restriction may be total or by volume, type, or concentration of waste as improvements to the treatment and disposal facilities are placed in operation.
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
2. Amendment filed 2-5-73; effective thirtieth day thereafter (Register 73, No. 6).
