SUMMARY OF WATER QUALITY ORDER ORDER NO WQO 20040016

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Summary for City of Pismo Beach (A-1642)

SUMMARY OF WATER QUALITY ORDER



Order No.

WQO 2004-0016

Date Adopted

November 18, 2004

Petition Title

Petition of City of Pismo Beach

POPULAR NAME
[if applicable]


REGIONAL BOARD

Central Coast Regional Water Quality Control Board

File No[s]

SWRCB/OCC File A-1642



Precedential Decision


The City of Pismo Beach (City) operates a wastewater collection, treatment, and disposal system to provide sewerage service to its residents. Treated municipal wastewater is discharged directly to an ocean outfall jointly owned by the City and the South San Luis Obispo County Sanitation District. The operation of the City’s facility is regulated by waste discharge requirements. Over a period of about two years, the discharge from the facility failed in numerous ways to comply with the terms of the waste discharge requirements. The Executive Officer for the Central Coast Regional Water Quality Control Board (Regional Board) issued a complaint for mandatory minimum penalties pursuant to Water Code section 13385, a hearing was held before the Regional Board, and an order was adopted. The City and the Regional Board continued to discuss the issues addressed in that order after the City filed its petition with the State Water Resources Control Board (State Board). The City and the Regional Board entered into a stipulation asking the State Board to remand the matter and agreed to revisit all of the issues important to resolution of the dispute. If the matter cannot be settled, both agree that the Regional Board may adopt an new order assessing mandatory minimum penalties.


Because of the way the statute is phrased, the Regional Board did not have jurisdiction to modify its order after issuance (Water Code § 13323(d)) and only the State Board retained administrative jurisdiction to overturn or modify the order. In the interests of justice, the State Board exercised that jurisdiction and remanded the matter to the Regional Board to re-address the issues contained in its order. (See Petition of City of San Diego, Order No. WQ 88-9.)



HEADLINE SUMMARY AND AGREED ACTION POINTS OF OLD
NAME DATE BURRITO SUMMARY TOPIC SENTENCE
ORGANIZATIONAL STRATEGIC PLANNING SUMMARY THREE OPTIONS OPTION


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