Opinion No. (1997)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General TOM J. BORDONARO, JR., MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: Are the operations of a composting facility subject to the waste discharge requirements of the Porter-Cologne Water Quality Act as administered by a Regional Water Quality Control Board? CONCLUSION The operations of a composting facility are subject to the waste discharge requirements of the Porter-Cologne Water Quality Act as administered by a Regional Water Quality Control Board; however, the board may waive such requirements if the particular circumstances so warrant. ANALYSIS The Legislature has enacted a comprehensive statutory scheme, known as the Porter-Cologne Water Quality Act (Wat. Code, §§ 13000 - 14958 ; "Act"), 1 to protect "the quality of all the waters of the state" (§ 13000 ). The Act is administered by the State Water Quality Control Board (§§ 13100 - 13176 ; "State Water Board") and by a Regional Water Quality Control Board (§§ 13200 - 13284 ; "Regional Water Board") in each of the regions of the state. The question presented for resolution is…