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AB-58 State Water Pollution Cleanup and Abatement Account.(2003-2004)

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AB58:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 58

Introduced  by  Assembly Member Bates
 (Coauthor(s): Assembly Member Cox, Harman, Maze, Wyland)

December 05, 2002

An act to amend Section 13308 of the Water Code, relating to water, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 58, as amended, Bates. State Water Pollution Cleanup and Abatement Account.
Existing law, the Porter-Cologne Water Quality Control Act, authorizes a California regional water quality control board, if the regional board determines that there is a threatened or continuing violation of any cleanup or abatement order or certain other orders relating to water quality, to impose a civil penalty, not to exceed $10,000 for each day in which the violation occurs. The act subjects any person who fails to comply with a schedule established in an enforcement order to civil liability in an amount not to exceed the amount established in the order. The act requires funds collected pursuant to these provisions to be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund. The act continuously appropriates the money in the account to the state board for specified cleanup programs.
This bill would continuously appropriate 75% of those funds that are collected by a regional board to that regional board to carry out the act and 25% of those funds to the state board to carry out the act.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13308 of the Water Code is amended to read:

13308.
 (a) If the regional board determines there is a threatened or continuing violation of any cleanup or abatement order, cease and desist order, or any order issued under Section 13267 or 13383, the regional board may issue an order establishing a time schedule and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule.
(b) The amount of the civil penalty shall be based upon the amount reasonably necessary to achieve compliance, and may not include any amount intended to punish or redress previous violations. The amount of the penalty may not exceed ten thousand dollars ($10,000) for each day in which the violation occurs.
(c) Any person who fails to achieve compliance in accordance with the schedule established in an order issued pursuant to subdivision (a) shall be liable civilly in an amount not to exceed the amount prescribed by the that order. The regional board may impose the penalty administratively in accordance with Article 2.5 (commencing with Section 13323). If the regional board imposes the penalty in an amount less than the amount prescribed in the order issued pursuant to subdivision (a), the regional board shall make express findings setting forth the reasons for its action based on the specific factors required to be considered pursuant to Section 13327.
(d) The state board may exercise the powers of a regional board under this section if the violation or threatened violation involves requirements prescribed by an order issued by the state board.
(e) (1) Funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account.
(2) Notwithstanding Section 13340 of the Government Code, or any other provision of law, the funds collected pursuant to this section by a regional board are hereby continuously appropriated without regard to fiscal years as follows:
(A) Seventy-five percent to that regional board to carry out this division.
(B) Twenty-five percent to the state board to carry out this division.
(f) Civil liability may be imposed pursuant to this section only if civil liability is not imposed pursuant to Section 13261, 13265, 13268, 13350, or 13385.