February 24, 1997

STATE WATER RESOURCES CONTROL BOARD

OFFICE OF CHIEF COUNSEL--WORKSHOP SESSION

March 5-6, 1997

ITEM: 8

SUBJECT: PROPOSED CHANGE IN THE DELEGATION OF AUTHORITY TO THE EXECUTIVE DIRECTOR

DIS-

CUSSION: Resolution 90-15 delegates authority from the State Water Resources Control Board (State Board) to the Executive Director.

The attached draft resolution adds four delegations to Resolution 90-15. The first change would authorize the Executive Director to take final action on appeals under the Permit Consolidation Zone Pilot Program, which is expected to start in the near future. The program allows the Secretaries of Cal/EPA and Trade and Commerce to designate up to

20 cities and counties as permit consolidation zones. Within a zone, a facility owner or operator may substitute a facility compliance plan for individual environmental permits.

Before a plan can be substituted for a permit, the affected permitting authority must determine that the plan is "complete and adequate," i.e., that it meets all applicable legal requirements. If the authority determines that the plan is not complete and adequate, the facility owner or operator can file an appeal. The permitting authority must issue a final written decision on the appeal within 60 days of its receipt.

Due to public noticing and other procedural requirements, final resolution of appeals within

60 days is not possible under the State Board's existing appeal process. The proposed addition to Resolution 90-15 would allow the Executive Director to make final decisions on appeals under the Permit Consolidation Zone Pilot Program.

The proposed resolution adds two more delegations to Resolution 90-15, which are substantially similar to additions recently adopted by the State Board for the water rights delegation agreement. The changes would authorize the Executive Director to:

l. Set aside a State Board decision or order as commanded by a peremptory writ of mandate issued to the State Board, and

2. Amend, modify, revoke, or rescind any permit, waste discharge requirement, certificate, decision, or order if an appellate court opinion published in the official reports establishes that the State Board has a ministerial duty to do so.

The final delegation would allow the Executive Director, after consultation with the State Board Chairperson, to select the hearing officer for hearings or investigations covered under Water Code section 183.

The proposed additions are underlined, deletions are shown by strikeout.

POLICY

ISSUE: Should the State Board adopt the proposed resolution?

FISCAL

IMPACT: These activities are budgeted under the State Board's activities. No additional fiscal impact should occur.

REGIONAL

BOARD

IMPACT: None.

STAFF

RECOMMEN-

DATION: The State Board should adopt the proposed resolution.

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 90-15

DELEGATION OF AUTHORITY TO EXECUTIVE DIRECTOR

WHEREAS:

1. The Executive Director is the Board's 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:

1. That the Executive Director of the State Water Resources Control Board (SWRCB) is delegated the authority to conduct and supervise the day-to-day activities of the State Water Resources Control Board 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, and approval of 205(j)(2) project final products and 205(j)(2) grant closures.

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

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

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

m adopting regulations,

m adopting state policy for water quality control,

m adopting or approving water quality control plans or plan amendments,

m any action pursuant to subdivision (c) of section 13320 finding that Regional Board RWQCB action was inappropriate or improper,

m application to the Attorney General for judicial enforcement, except in cases of specific delegation or requiring immediate action.

D

R

A

F

T

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(e)(3).

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

8. 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 State Board has a ministerial duty to do so.

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

610. Board Resolutions 70-2, 75-14, and 79-14, and 90-15 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 .

Maureen Marché

Administrative Assistant to the Board