Duplicates and overlaps the jurisdiction of the U.S.If adopted, the Draft Permitting Procedures will expand the permitting jurisdiction of the California water boards, and impose additional regulatory hurdles and permit requirements on a wide range of industries and activities, including: private development agricultural operations infrastructure development, and operations and maintenance (including transportation and water conveyance infrastructure) and conservation/mitigation banking.Īs proposed, the Draft Permitting Procedures would authorize the exercise of permitting jurisdiction by water boards in a manner that: Now that the formal rulemaking process has started, stakeholder engagement is essential, as it will determine the scope, content, and stringency of the final Permitting Procedures. Dates/locations for hearings on the Draft Permitting Procedures:.As part of the now-formal rulemaking, the State Board will conduct workshops, hearings, and receive public comment on these proposed regulations. SWANCC arguably left a gap in regulatory coverage for certain aquatic features in California that do not qualify as waters of the United States subject to federal Clean Water Act (CWA) permits. Supreme Court decision in Solid Waste Agency of Northern Cook County v. The release of the Draft Permitting Procedures marks over 15 years of the state’s rulemaking process for discharges of dredge and fill material into waters of the state, under consideration in one form or another since the 2001 U.S. On June 17, 2016, the State Water Resources Control Board (State Board) issued its much-anticipated draft Procedures for Discharges of Dredged or Fill Materials to Waters of the State (Draft Permitting Procedures).
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