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HomeWater CodeDiv. 7Ch. 5Art. 6§ 13360 Waste Discharge Compliance Flexibility

§ 13360 Waste Discharge Compliance Flexibility

Water Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 13360 Waste Discharge Compliance Flexibility

Key Takeaways

  • •If the government tells you to stop polluting, they can't tell you exactly how to do it. You can choose your own way to fix the problem, as long as it's legal.
  • •But if you're dumping trash in a landfill or putting waste into a well, the government can tell you exactly how to do it safely.
  • •If a court says you can't dump waste anymore, but stopping completely is impossible, the court can tell you to do specific things to reduce the problem instead.

Example

A factory is dumping dirty water into a river, and the government says they have to stop.

The factory can choose how to clean the water before putting it back, like using filters or treating it with chemicals. But if they were dumping trash in a landfill, the government could tell them exactly how to build walls or drainage to keep the trash from leaking.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 13360 Waste Discharge Compliance Flexibility

(a) No waste discharge requirement or other order of a regional board or the state board or decree of a court issued under this division shall specify the design, location, type of construction, or particular manner in which compliance may be had with that requirement, order, or decree, and the person so ordered shall be permitted to comply with the order in any lawful manner. However, the restrictions of this section shall not apply to waste discharge requirements or orders or decrees with respect to any of the following: (1) Discharge of solid waste to disposal sites other than evaporation ponds from which there is no drainage or seepage which requires the installation of riprap, the construction of walls and dikes, the installation of surface and underground drainage facilities to prevent runoff from entering the disposal area or leakage to underground or surface waters, or other reasonable requirements to achieve the above or similar purposes. (2) Discharges of waste or fluid to an injection well, except any well which is regulated by the Division of Oil and Gas in the Department of Conservation pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code and Subpart F of Part 147 of Title 40 of the Code of Federal Regulations and is in compliance with that division and Subpart A (commencing with Section 146.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations. (b) If the court, in an action for an injunction brought under this division, finds that the enforcement of an injunction restraining the discharger from discharging waste would be impracticable, the court may issue any order reasonable under the circumstances requiring specific measures to be undertaken by the discharger to comply with the discharge requirements, order, or decree. (Amended by Stats. 1986, Ch. 1013, Sec. 9. Effective September 23, 1986.)

Last verified: January 23, 2026

Key Terms

complianceinjunctionenforcementdisposalregulationwaterswasteconstruction

Related Statutes

  • § 8701.4 Enforcement Hearing Procedures
  • § 13376 Pollutant Discharge Reporting Requirements
  • § 13523.1 Master Recycling Permit Rules
  • § 13628 Wastewater Certificate Renewal Fees
  • § 13800.5 Geothermal Well Standards

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 13360.
View Official Source