Section 3867 - Petitions for State Board Reconsideration(a)(1) An aggrieved person may petition the state board to reconsider an action or failure to act taken by the executive director, a regional board, or an executive officer under Articles 1 through 5 of this Chapter. The executive director may be designated by the state board to reconsider such an action or failure to act by an executive officer or regional board.(2) A fee determination under subdivision (1) of subdivision (b) of section 3833 or section 3833.1, made by the state board or by an officer or employee of the board acting under delegated authority, is subject to reconsideration in accordance with chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code and the procedures set forth in Article 12 (commencing with section 768) of chapter 2 of division 3 of this title, and is not subject to the procedures set forth in this section. The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated.(b)(1) The state board and the executive director, when acting as the state board's designee, may undertake such reconsideration on their own motion. They shall notify the applicant (if any), the federal agency, and all interested persons known to the state board or executive director and give those notified the opportunity to submit information and comments before taking a final reconsideration action (as listed in Subsection 3869(a) of this Chapter).(2) If such reconsideration is initiated more than thirty (30) days after the certification action in question, any rescission or amendment of the certification action resulting from such reconsideration shall not apply to any activities subject to a federal license or permit that:(A) was issued in reliance on that certification action, and(B) was issued before the federal agency was notified that such reconsideration had been initiated.(3) Nothing in Subsection (b) of this Section is intended to limit the authority of a federal agency to issue a new or amended license or permit that incorporates any changes ordered by the state board or executive director following reconsideration of a certification action.(c) A petition for reconsideration shall be submitted in writing to and received by the state board within 30 days of any action or failure to act taken by the executive director, a regional board, or an executive officer under Articles 1 through 5 of this Chapter.(d) A petition shall contain:(1) the name, address, and telephone number of the petitioner;(2) the specific action or failure to act which the state board is requested to reconsider and a copy of any document issuing or denying certification that is referred to in the petition;(3) the date on which the certification action or failure to act occurred;(4) a full and complete statement of reasons why the action or failure to act was inappropriate or improper;(5) the manner in which the petitioner is aggrieved;(6) the specific action by the state board which the petitioner requests;(7) a list of persons, if any, other than the petitioner and applicant, if not the petitioner, known to have an interest in the subject matter of the petition;(8) a statement that the petition has been sent to the appropriate regional board or executive officer and to the applicant, if not the petitioner; and(9) a copy of a request to the executive director or appropriate executive officer for preparation of the state board or regional board staff record, if applicable and available, which will include a tape recording or transcript of any pertinent regional board or staff hearing.(10) A summary of the manner in which and to what extent the petitioner participated in any process (e.g., public hearing testimony, discussion with agency personnel, correspondence), if available, leading to the action or failure to act in question. If a process for participation was available, but the applicant did not participate, the petition shall include an explanation for the petitioner's failure to participate.Cal. Code Regs. Tit. 23, § 3867
1. Amendment of section and NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
2. Amendment of subsections (a)-(b) and amendment of NOTE filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 13160.1 this rulemaking action remains in effect until revised by the State Water Resources Control Board. Note: Authority cited: Sections 1058 and 13160.1, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 183, 186, 1059, 13160 and 13160.1, Water Code; and Sections 44533 and 44539, Health and Safety Code.
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
2. Amendment of subsections (a)-(b) and amendment of Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 13160.1 this rulemaking action remains in effect until revised by the State Water Resources Control Board.