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Do I Need a Permit?

If activities on your property or business have the potential to, or result in a discharge of waste that affects California's surface, coastal, or groundwater, you will need to apply for a permit from the appropriate Regional Water Quality Control Board. This series links will help you determine whether you need a permit, describes general categories of regulated activities, provides a summary and links to specific program information, and provides links to the appropriate forms and most common permit categories.

Who Are We and What Do We Do?

The State Water Resources Control Board (SWRCB) and the nine Regional Water Quality Control Boards (RWQCBs) are State regulatory boards within the California Environmental Protection Agency, and responsible for administering both state and federal regulations for water quality control. The State Water Board allocates rights to the use of surface water and, with the Regional Water Boards, protects surface, ground, and coastal waters throughout the state. The Regional Water Board issues permits that govern and restrict the amount of pollutants that can be discharged a water body or to land (into groundwater).

Protecting Beneficial Uses of Water


Beneficial Uses of water include uses that pertain to human health (e.g., drinking water, recreation), commerce (e.g., industrial process water, hydropower), aquatic life (e.g., cold-water habitat, spawning habitat), and ecological services (e.g., flood peak attenuation, water quality enhancement).  The Regional Water Boards are required to protect beneficial uses of water. Beneficial Uses for the North Coast Region are detailed in Chapter 2 (Beneficial Uses) of the North Coast Water Quality Control Plan (Basin Plan). The Regional Water Board’s Basin Plan is designed to provide a definitive program of actions to preserve and enhance water quality and protect beneficial uses of waters of the state in the Region and forms the basis for the Regional Water Board’s regulatory programs.

Do I Need a Permit?

Any person discharging waste or proposing to discharge waste that could affect the quality of the waters of the state, other than into a community sewer system and any person operating or proposing to construct an injection well is required to file a Report of Waste Discharge with the Regional Water Board. Reports are also required for any material change or proposed change in the character, location, or volume of such a discharge (California Water Code, § 13260). If you are discharging pollutants (or proposing to) into surface water identified as waters of the United States you must file a complete National Pollutant Discharge Elimination System (NPDES) permit application form with the appropriate Regional Water Quality Control Board.

Other types of discharges, such as those with the potential to affect groundwater or from diffused sources (e.g., erosion from soil disturbance or waste discharges to land) are handled by filing a Report of Waste Discharge with the appropriate Regional Water Quality Control Board in order to obtain Waste Discharge Requirements (WDRs).

For specified situations, some discharge activities can be handled through enrollment in an existing general permit, and some activities can be handled through compliance with a waiver of WDRs.

Typical activities that affect water include, but are not limited to, the following:


• Discharge of process wastewater not discharging to a sewer (factories, cooling water, wine, beverage, and food processors, etc.)
• Confined animal facilities (e.g., dairies)
• Waste containments (landfills, waste ponds, etc.)
• Construction Sites
• Boatyards
• Discharges of pumped groundwater (construction dewatering) and cleanup of contaminated groundwater (underground tank cleanup)
• Material handling areas draining to storm drains
• On-site Wastewater Treatment Systems (OWTS/Septic Tanks)
• Sewage treatment facilities
• Filling of wetlands
• Dredging, filling and disposal of dredge wastes in surface waters (bridges, culverts, housing developments, and in-stream restoration projects)
• Timber harvest operations
• Commercial activities not discharging to a sewer (e.g., factory wastewater, storm drain)
• Waste to Land*

*California Water Code § 13050. (d) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

How Do I Get Started?

The process begins when you request an application from the appropriate RWQCB (see Forms and Permits section below). You then must file an application. You will be asked to describe the wastes involved, the setting for the discharge, and the method of treatment or containment. Once the application is completed and filed, the RWQCB staff will draft a permit. It then must go to the RWQCB to be adopted.

An important feature in the issuance of a permit is public participation. Through this participation, all parties can be heard and their needs addressed by their Regional Water Board. Actions, such as the adoption of a permit or inaction by an Regional Water Board can be appealed to the SWRCB. The SWRCB can uphold the action, reverse it, send the matter back with further instructions, or decide not to consider the appeal. Appeals must be made within 30 days of the Regional Water Boards action and they must be submitted in writing.

For specified situations, some discharge activities can be handled through enrollment in an existing general permit, and some activities can be handled through compliance with a waiver of WDRs. For more on general permits and waivers see Forms and Permits below or visit our Water Quality Compliance Programs Page.

NPDES Permit Process

An NPDES permit is issued under both state and federal laws. Therefore, dischargers are required to complete several permit applications forms. For application forms and additional information see “How Do I apply for an NPDES wastewater permit?” on the NPDES Wastewater Program Page or Forms and Program Permits below.

The steps to obtain an NPDES permit are as follows:

1. File the appropriate NPDES application forms with the RWQCB at least 180 days before beginning the activity.
2. RWQCB staff reviews the application for completeness and may request additional information.
3. Once the application is determined to be complete, staff forwards it to the U.S. Environmental Protection Agency (USEPA) within 15 days. USEPA has 30 days to review the application for completeness and to request additional information from the discharger. After the request for additional information is met, USEPA has 30 days to forward comments to the staff.
4. Staff determines if the discharge is to be permitted or prohibited. If a permit is proposed, staff prepares and forwards a copy to USEPA for review.
5. USEPA reviews the draft and has 30 days to object or submit comments to the RWQCB. USEPA may request an additional 60 days to review the proposed permit.
6. Following USEPA's review, staff prepares a "Notice of Public Hearing" and mails it to the discharger with instructions for circulation. Staff also mails the public notice and proposed permit to persons and public agencies with known interest in the project. Staff may modify the proposed permit prior to a public hearing based upon comments received from the discharger and interested parties.
7. The discharger must publish the notice for one day and submit proof of having complied with the instructions to the RWQCB within 15 days after posting or publication.
8. The RWQCB holds a public hearing with at least a 30 day public notification. The RWQCB may adopt the proposed permit or modify it and adopt it at the public hearing by majority vote. USEPA has 10 days to object to the adopted permit, and the objection must be satisfied before the permit becomes effective.

The entire RWQCB review and permit issuance process takes approximately six months, but may take longer depending upon the nature of the discharge. What Information Is Needed?

An applicant/discharger must provide the following information on the NPDES application forms:


• U.S. EPA identification number;
• Pollutant characteristics;
• Facility name, location, address, and contact name and phone number;
• NAISC codes (type of industry);
• Existing environmental permits;
• Topographic map showing facility features;
• Production, operation and discharge information specific to the type of facility.

If you need help determining any of this information, you can call an RWQCB contact for assistance.

Waste Discharge Requirements (WDRs) Process

For specified situations, some discharge activities can be handled through enrollment in an existing general permit, and some activities can be handled through compliance with a waiver of WDRs.

The steps to obtain Waste Discharge Requirements are as follows:


1. File the Report of Waste Discharge form with the necessary supplemental information with the RWQCB at least 140 days before beginning to discharge waste.
2. RWQCB staff reviews the application for completeness and may request additional information.
3. Once the application is complete, staff determines whether to propose adoption of the WDRs, prohibit the discharge, or waive the WDRs.
4. If WDRs are proposed, staff prepares draft WDRs and distributes them to persons and public agencies with known interest in the project for a minimum 30 day comment period. Staff may modify the proposed WDRs based upon comments received from the discharger and interested parties.
5. The RWQCB holds a public hearing with at least a 30 day public notification. If WDRs are uncontested, the notice requirement is only 10 days. The RWQCB may adopt the proposed WDRs or modify and adopt them at the public hearing by majority vote.

The entire process for developing and adopting the requirements normally takes about three months. What Information Is Needed?

An applicant discharger must provide the following information on the Report of Waste Discharge:


1. Names, addresses, and telephone numbers of the owner(s) of the facility, the owner's authorized agent, and any lessee(s) of the facility;
2. Description of the facility or activity, including whether the applicant proposes to increase or change an existing discharge or create a new one;
3. Location of the operation by section, township, and range with a USGS 7.5 minute series topographic map attached;
4. Description of the discharge by type, quality, quantity, interval, and method of discharge;
5. Source of water that contributes to or transports the waste;
6. Water flow and location map, identifying all discharge points; and
7. Statement noting whether an environmental document has been or must be prepared and submitted in a timely manner.

If you need help determining any of this information, you can call an RWQCB contact for assistance.

Permit Assistance

Bill of Rights for Environmental Permit Applicants The California Environmental Protection Agency (Cal/EPA) endorses the following precepts that form the basis of a permit applicant's "Bill of Rights":


• Permit applicants have the right to assistance in understanding regulatory and permit requirements. All Cal/EPA programs maintain an Ombudsman to work directly with applicants. Permit Assistance Centers located throughout California have permit specialists from all the State, regional, and local agencies to identify permit requirements and assist in permit processing.
• Permit applicants have the right to know the projected fees for review of applications, how any costs will be determined and billed, and procedures for resolving any disputes over fee billings.
• Permit applicants have the right of access to complete and clearly written guidance documents that explain the regulatory requirements. Agencies must publish a list of all information required in a permit application and of criteria used to determine whether the submitted information is adequate.
• Permit applicants have the right of timely completeness determinations for their applications. In general, agency notify the applicants within 30 days of any deficiencies or determine that the application is complete. California Environmental Quality Act (CEQA) and public hearing requests may require additional information.
• Permit applicants have the right to know exactly how their application are deficient and what further information is needed to make their applications complete. Pursuant to California Government Code Section 65944, after an application is accepted as complete an agency may not request any new or additional information that was not specified in the original application.
• Permit applicants have the right of a timely decision on their permit application. The agencies are required to establish time limits for permit reviews.
• Permit applicants have the right to appeal permit review time limits by statute or administratively that have been violated without good cause. For state environmental agencies, appeals are made directly to the Cal/EPA Secretary or to a specific board. For local environmental agencies, appeals are generally made to the local governing board or, under certain circumstances to Cal/EPA. Through this appeal applicants may obtain a set date for a decision on their permit and in some cases a refund of all application fees (ask boards and departments for details).
• Permit applicants have the right to work with a single lead agency where multiple environmental approvals are needed. For multiple permits, all agency actions can be consolidated under a lead agency. For site remediation, an applicable laws can be administered through a single lead agency.
• Permit applicants have the right to know who will be reviewing their application and the time required to complete the full review process.

California Government: Online to Desktops (CalGold)

A one-stop state, local, regional, and federal permit licensing and tax requirements business center. This website assists you in finding appropriate permit information for your business. It also provides contact information for the various agencies that administer & issue these permits. http://www.calgold.ca.gov/

Forms & Program Permits

Any person discharging waste or proposing to discharge waste that could affect the quality of the waters of the state, other than into a community sewer system and any person operating or proposing to construct an injection well is required to file a Report of Waste Discharge with the Regional Water Board. For specified situations, some discharge activities can be handled through enrollment in an existing general permit, and some activities can be handled through compliance with a waiver of WDRs.

Standard Form 200, and other forms used to apply for Waste Discharge Requirements or a National Pollutant Discharge Elimination System (NPDES) permit. Instructions are included.

Report of Waste Discharge / NPDES Permit Application
Form 200 – Waste Discharge Application/NPDES Permit (8 pages/PDF)
Form 200 – Questions and Answers

Federal NPDES Application Forms


Persons seeking to obtain NPDES permits will need to apply to the Regional Water Board using one or more of the following federal NPDES permit application forms:

• General information completed in conjunction with Forms 2B, 2C, 2D, 2E, 2F, Short Form A and Standard Form A. Form 1
• Publicly-Owned Treatment Works serving 10,000 persons or less Form 2A
• Concentrated animal feeding operations and aquatic animal production facilities, new applications or renewals. Form 2B
• Existing manufacturing, commercial, mining, and silvicultural operations (including federal facilities). Form 2C
• New manufacturing, mining, commercial and silvicultural operations. Form 2D
• New applications or renewals of non-manufacturing facilities, trailer parks, service stations, laundromats, commercial facilities, etc. Form 2E
• Storm water discharges associated with industrial activity. Form 2F
• Sewage sludge use. Form 2S

For specified situations, some discharge activities can be handled through enrollment in an existing general permit, and some activities can be handled through compliance with a waiver of WDRs.

Clean Water Act Section 401 Water Quality Certifications

By federal law, every applicant for a federal permit or license for an activity which may result in a discharge into a water body must request state certification that the proposed activity will not violate state and federal water quality standards. Water Quality Certification Program Page / Application

Cannabis Cultivation Waste Discharge Regulatory Program

Growing cannabis? There is a new State Water Board Cannabis Cultivation Program that can be found here. You can enroll online at the Cannabis Program Page.

Dairy Program

The Dairy Program for the North Coast Regional Water Quality Control Board (Regional Water Board) currently regulates waste discharge from dairies under two orders: General Waste Discharge Requirements and the Conditional Waiver of Waste Discharge Requirements for Existing Cow Dairies. These permits apply to existing dairies. New or expanding cow dairies since 2012 must apply for individual permits. You can find these orders and additional program information on the Dairy Program Page.

Forest Activities Program

The Regional Water Board is responsible for enforcing the Porter-Cologne Water Quality Control Act (Act), the Water Quality Control Plan for the North Coast Region (Basin Plan), and permits that have been issued on forest use projects. The Act and the Basin Plan prohibit the discharge of materials that adversely affect the beneficial uses of the waters of the State. The Regional Water Board has developed several permits (i.e. Waste Discharge Requirements (WDRs) or Waiver of Waste Discharge Requirements (Waivers)) for addressing NPS discharges associated with forest management activities on both private and US Forest Service lands. These permits and the processes for project approvals and permit issuance can be found under the Private Forest Land and Federal Lands links.

NPDES Storm Water

The goal of the Storm Water Program is to prevent or minimize the discharge of pollutants contained in storm water runoff to waters of the state. During rainfall events, water runs across surfaces which may be contaminated by pollutants (such as motor oil, litter, etc). The storm water runoff is often directed into storm drains which then discharge to nearby creeks and rivers. The Regional Water Boards implement the State Water Board’s Construction, Industrial, Municipal, and Caltrans Storm Water Permits. Additional information and permit enrollment documents can be found on the State Water Board Storm Water Program Page.

Wastewater

The Wastewater Permitting Programs regulates discharges of waste that may affect the quality of waters of the state (surface water and groundwater). These Programs cover a wide variety of discharges including wastewater (sewage) treatment facilities, onsite wastewater treatment systems (septic systems), food processing industries (including wineries), municipal solid waste (landfills), gravel mines, industrial mines, and other industries that discharge non-hazardous wastes. For Individual NPDES or WDRs use the Form 200 – Waste Discharge Application/NPDES Permit provided above. For additional information see the  National Pollutant Discharge Elimination System (NPDES) Wastewater Program Page.

Recycled Water

The State Water Board has adopted a General Order that establishes standard conditions for recycled water use and conditionally delegates authority to an Administrator to manage a Water Recycling Program and issue Water Recycling Permits to recycled water users. Only treated municipal wastewater for non-potable uses can be permitted, such as landscape irrigation, crop irrigation, dust control, industrial/commercial cooling, decorative fountains, etc. Potable reuse activities are not authorized under this General Order. Additional information and permit enrollment documents can be found on the State Water Board’s Recycled Water Page.

Restoration Program

Restoration projects in the North Coast Region typically include, but are not limited to: bioengineering of eroding or vulnerable streambanks, wetland restoration, fish migration barrier removal, decommissioning of roads and stream crossings, instream flow enhancement, habitat improvements, accelerated recruitment of large woody material, spawning gravel augmentation, exotic species removal, and the reestablishment of native wetland and riparian vegetation. Restoration projects that discharge materials or pollutants into waters of the state must be authorized by the North Coast Water Board prior to implementation. Most restoration projects within the North Coast Region are administered through the Water Quality Certification Program. However, some restoration projects are administered through other North Coast Regional Water Board programs such as the Forest Activities Program, the Nonpoint Source Program, or the TMDL Program. For more information, visit the Restoration Program Page.

Wine, Beverage and Food Processor (WBFP) Wastewater Program

To address the increasing number of WBFP facilities being proposed and constructed in the North Coast Region, Regional Water Board staff developed General WDRs and a Conditional Waiver of WDRs for wine, beverage and food processor (WBFP) wastewater systems discharging to land. The General WBFP WDRs and conditional Waiver of WDRs replace the General Winery Permit for wineries and expands permit coverage to other beverage and food processors including, but not limited to, breweries, distilleries, cheese processors and olive oil manufacturers. The WBFP facilities discharging small volumes of wastewater to land may apply for coverage under the Conditional Waiver of WDRs. Additional information and WDR applications can be found at the North Coast Water Board’s Wine, Beverage and Food Processor (WBFP) Wastewater Program Page.