CA Codes (WATER CODE) 

SECTION 13142.5

13142.5.  In addition to any other policies established pursuant to

this division, the policies of the state with respect to water

quality as it relates to the coastal marine environment are that:

   (a) Wastewater discharges shall be treated to protect present and

future beneficial uses, and, where feasible, to restore past

beneficial uses of the receiving waters.  Highest priority shall be

given to improving or eliminating discharges that adversely affect

any of the following:

   (1) Wetlands, estuaries, and other biologically sensitive sites.

   (2) Areas important for water contact sports.

   (3) Areas that produce shellfish for human consumption.

   (4) Ocean areas subject to massive waste discharge.

   Ocean chemistry and mixing processes, marine life conditions,

other present or proposed outfalls in the vicinity, and relevant

aspects of areawide waste treatment management plans and programs,

but not of convenience to the discharger, shall for the purposes of

this section, be considered in determining the effects of such

discharges.  Toxic and hard-to-treat substances should be pretreated

at the source if such substances would be incompatible with effective

and economical treatment in municipal treatment plants.

   (b) For each new or expanded coastal powerplant or other

industrial installation using seawater for cooling, heating, or

industrial processing, the best available site, design, technology,

and mitigation measures feasible shall be used to minimize the intake

and mortality of all forms of marine life.

   (c) Where otherwise permitted, new warmed or cooled water

discharges into coastal wetlands or into areas of special biological

importance, including marine reserves and kelp beds, shall not

significantly alter the overall ecological balance of the receiving

area.

   (d) Independent baseline studies of the existing marine system

should be conducted in the area that could be affected by a new or

expanded industrial facility using seawater in advance of the

carrying out of the development.

   (e) (1) Adequately treated recycled water should, where feasible,

be made available to supplement existing surface and underground

supplies and to assist in meeting future water requirements of the

coastal zone, and consideration, in statewide programs of financial

assistance for water pollution or water quality control, shall be

given to providing optimum water recycling and use of recycled water.

   (2) If recycled water is available for industrial use, any

discharge to waters in the coastal zone, including the San Francisco

Bay, after industrial use, may be authorized if all of the following

conditions are met:

   (A) The discharge will not unreasonably affect beneficial uses.

   (B) The discharge is consistent with applicable water quality

control plans and state policy for water quality control.

   (C) The use of recycled water is consistent with Chapter 7

(commencing with Section 13500).

   (D) The discharge is consistent with all applicable requirements

of Chapter 5.5 (commencing with Section 13370).

   (E) The discharge is to the same general receiving water location

as that to which the wastewater would be discharged if not reused.

   (3) Any requirement imposed pursuant to Section 13263 or 13377

shall be adjusted to reflect a credit for waste present in the

recycled water before reuse.  The credit shall be limited to the

difference between the amount of waste present in the nonrecycled

water supply otherwise available to the industry and the amount of

waste present in the recycled water.

   (4) If the amount of waste in the discharge exceeds prescribed

requirements because the amount of waste in the recycled water is in

excess of that agreed to be furnished by the supplier to the

discharger, no enforcement action shall be taken against the

discharger unless both of the following statements apply:

   (A) The supplier of the recycled water fails to correct the

problem within 30 days after the cause of the problem is identified,

or within any greater period of time agreed to by the appropriate

regional board.

   (B) The discharger continues to receive the recycled water from

the supplier.

   (f) This section shall not apply to industrial discharges into

publicly owned treatment works.

