The State Water Board adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (commonly referred to as the the “Procedures”) on April 2, 2019. The Procedures became effective on May 28, 2020. The Procedures regulate projects that discharge fill to or excavate or dredge material from Waters of the State. Applications received after or on May 28, 2020 are subject to the Procedures.
EMERGENCY PERMITS FOR DREDGE AND FILL ACTIVITIES: USACOE Los Angeles District’s Regional General Permit (RGP) 63 for emergency discharges of dredge and fill to surface waters of the United States, including wetlands, was re-certified by the State Water Board on November 8, 2018. Links to the Certification Order, Notice of Intent Form, and Notice of completion form can be found in the 2018 section of https://www.waterboards.ca.gov/water_issues/programs/cwa401/generalorders.html.
Certification for individual projects under RGP 63 requires that: 1) the emergency action meets the CEQA definition of an emergency (a sudden, unexpected occurrence …demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public service...); 2) a forty-eight hour notification must be submitted to the State Water Board and the applicable Regional Water Board prior to initiating the emergency project, if feasible; 3) a completed RGP 63 Attachment C (discharge information etc.) must be submitted to the State and Regional Water Boards, within three business days of submitting the 48 hour notice and, 4) a final report, including RGP 63 Attachment D, must be submitted to the State and Regional Water Boards within 45 days of completion of any action conducted under the RGP 63.
Projects that do not qualify for coverage under RGP 63 will require the issuance of an individual Certification from the Santa Ana Water Board. For emergency Certification of projects conducted under RGP 63 the statutory 21-day public notice period is reduced to simply providing notice prior to issuance. Santa Ana Water Board staff strives to issue emergency Certifications within one business day.
For information about receiving emergency permit coverage under RGP 63, contact the USACE's Los Angeles District office. For further information on receiving an emergency CWA 401 Certification, please review our web pages for the Certification program or contact RB8-401Application@waterboards.ca.gov.
Dredge and fill discharges to waters of the U.S. are primarily regulated through Clean Water Act Section 401 Water Quality Standards Certifications (Certifications), accompanied by authorization to discharge via State regulations under State Water Board Order No. 2003-0017-DWQ. Discharges of dredge and fill to waters of the State that are not subject to federal jurisdiction are authorized under the State Water Board's General Order No. 2004-0004-DWQ or individual waste discharge requirements issued by the Santa Ana Water Board. You can view a list of Recently-issued Certifications and individual Waste Discharge Orders from our Adopted Orders pages based on the year they were adopted.
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