STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 99 - 048

DELEGATION OF AUTHORITY TO THE EXECUTIVE DIRECTOR

WHEREAS:

1.  The Executive Director is the State Water Resources Control Board (SWRCB or Board) exempt employee pursuant to California Constitution article 7, section 4(e).

2.  The Board is authorized to delegate authority to the Executive Director to conduct and supervise the day-to-day activities of the Board.
 

THEREFORE BE IT RESOLVED THAT:

1.  The Executive Director of the SWRCB is delegated the authority to conduct and supervise the day-to-day activities of the SWRCB.

2.  Such day-to-day activities include, but are not limited to, noticing Board meetings and hearings, management of the staff, meeting with other agency officials, implementation of the Board's policies and regulations, meeting with Regional Water Quality Control Board (RWQCB) Executive Officers, approval of 205(j)(2) project final products and 205(j)(2) grant closures, and the actions identified in 6 through 11, below.

3.  The Executive Director may further delegate his functions, in writing, as the Executive Director deems appropriate.

4.  The SWRCB may revoke in whole or in part any specific or implied delegation to the Executive Director.

5.  Except as provided in 6 below, the Executive Director is specifically precluded from taking the following actions:

• adopting regulations,
• adopting state policy for water quality control,
• adopting or approving water quality control plans or plan amendments,
• any action pursuant to Water Code section 13320, subdivision (c) finding that an RWQCB action was inappropriate or improper, or
• application to the Attorney General for judicial enforcement, except in cases of specific delegation or requiring immediate action.

6.  The Executive Director is delegated the authority to issue a final written determination on an appeal filed by a project applicant, under Public Resources Code section 71035.6, subdivision (e)(3).

7.  The Executive Director may issue a decision or order by settlement of the parties under Government Code section 11415.60 except for petitions filed under Title 23, California Code of Regulations, section 2050.

8.  The Executive Director may set aside an SWRCB decision or order, in whole or in part, as commanded by a peremptory writ of mandate issued to the SWRCB.

9.  The Executive Director may amend, modify, rescind, or revoke any permit, waste discharge requirements, decision, or order if an appellate court opinion published in the official reports establishes that the Board has a ministerial duty to do so.

10.  The Executive Director, after consultation with the Board Chairperson, may select the hearing officer for hearings and investigations covered under Water Code section 183.

11.  Board Resolutions 70-2, 75-14, 79-14, 90-15, and 97-027 are revoked.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 20, 1999.

/s/
Maureen Marché
Administrative Assistant to the Board