(a) Orders prohibiting or restricting additional discharges should expressly exclude structures with building permits already issued at the time the notice of the cease and desist hearing to consider the proposed prohibition or restriction was given unless special circumstances justify inclusion of such structures. Where the governmental entity with jurisdiction normally does not issue a document called a "building permit" but uses another term to refer to the document which constitutes its final approval of construction, an order prohibiting or restricting additional discharges should expressly exclude such structure if this document has been issued. In the event a structure does not normally require a building permit (e.g., where a government building is exempted from the permit process) an order prohibiting or restricting additional discharges should expressly exclude such structures if construction has commenced.
(b) The following should also be excluded from prohibitions and restrictions: (1) Discharges from existing dwellings not connected to the sewer system which have methods of waste disposal which are causing more severe water quality problems than those caused by the community sewer system.(2) Discharges which, by reason of special circumstances, if not allowed to connect to the community sewer system would result in extreme public hardship or a public health hazard. This is not intended to mean that economic loss to a community as a whole or to any public agency or private person within the community is by itself cause for not prohibiting additional connections because such loss is the rule rather than the exception and cannot outweigh the need to prevent an increase in water quality impairment which is the basic reason for the prohibition.Cal. Code Regs. Tit. 23, § 2244.1
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
2. Amendment of subsection (a) filed 8-24-78 as an emergency; effective upon filing (Register 78, No. 34).
3. Certificate of Compliance filed 10-20-78 (Register 78, No. 42). Note: Authority cited: Sections 1058 and 13976(h), Water Code. Reference: Chapters 3 and 5, of Division 7, Water Code.
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
2. Amendment of subsection (a) filed 8-24-78 as an emergency; effective upon filing (Register 78, No. 34).
3. Certificate of Compliance filed 10-20-78 (Register 78, No. 42).