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AB-619 Sierra Lakes County Water District.(2017-2018)

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Date Published: 07/25/2017 09:00 PM
AB619:v93#DOCUMENT

Assembly Bill No. 619
CHAPTER 109

An act to add Article 9.4 (commencing with Section 31142.50) to Chapter 1 of Part 5 of Division 12 of the Water Code, relating to the Sierra Lakes County Water District.

[ Approved by Governor  July 24, 2017. Filed with Secretary of State  July 24, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 619, Dahle. Sierra Lakes County Water District.
Existing law, the County Water District Law, provides for the formation and operation of county water districts, and specifies the powers and purposes of those districts.
Existing law provides for the regulation by the State Water Resources Control Board of underground storage tanks, as defined, designed to contain an accumulation of hazardous substances. The Aboveground Petroleum Storage Act generally regulates aboveground storage tanks, as defined, that contain petroleum and that meet certain requirements.
This bill would specifically authorize the Sierra Lakes County Water District, in order to regulate, prohibit, or control the discharge of pollutants, waste, or other materials in groundwater or surface waters, (1) to adopt by ordinance requirements relating to the installation and use of small aboveground or small underground tanks, as defined, designed to contain an accumulation of hazardous substances, and (2) to prohibit by ordinance the installation of new small underground tanks or new underground storage tanks, as defined, for the storage of petroleum within the tributary watershed of Lakes Serena and Dulzura. The bill would authorize an adopted ordinance to provide that a violation of the ordinance is an infraction, constitutes a nuisance, or both. The bill would authorize an adopted ordinance to provide that a violation of the ordinance may be redressed by a civil action brought by the district and to provide that each day of the violation constitutes a separate offense.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Sierra Lakes County Water District.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Article 9.4 (commencing with Section 31142.50) is added to Chapter 1 of Part 5 of Division 12 of the Water Code, to read:
Article  9.4. Sierra Lakes County Water District

31142.50.
 (a) In addition to the other powers provided by law, the Sierra Lakes County Water District shall have, but is not limited to, the authority to prevent nuisance, pollution, waste, and contamination of its drinking water source.
(b) (1) To regulate, prohibit, or control the discharge of pollutants, waste, or other materials in groundwater or surface waters, the district may adopt by ordinance requirements relating to the installation and use of small aboveground or small underground tanks, including, but not limited to, the following:
(A) An existing small underground tank for the storage of petroleum located within the tributary watershed of Lakes Serena and Dulzura shall be annually tested in accordance with the Non-Visual Monitoring/Quantitative Release Detection Methods provided in Section 2643 of Title 23 of the California Code of Regulations.
(B) An existing small aboveground tank or new small aboveground tanks for the storage of petroleum located within the tributary watershed of Lakes Serena and Dulzura shall include a secondary containment system that meets the requirements of Section 5704.2.9.7 of the California Fire Code.
(2) To regulate, prohibit, or control the discharge of pollutants, waste, or other materials in groundwater or surface waters, the district may adopt an ordinance that prohibits the installation of new small underground tanks or new underground storage tanks, as defined in Section 25281 of the Health and Safety Code, for the storage of petroleum within the tributary watershed of Lakes Serena and Dulzura.
(c) An ordinance adopted pursuant to subdivision (b) may provide that:
(1) A violation of the ordinance is an infraction, constitutes a nuisance, or both.
(2) The district may seek redress for violations of the ordinance by bringing a civil action against the violator.
(3) If the violation is an infraction, the district may request that the court impose punishment consistent with the provisions of subdivision (b) of Section 36900 of the Government Code. For purposes of calculating the punishment, each day of the violation shall constitute a separate offense.
(4) If the violation constitutes a nuisance, the district may pursue summary abatement of the nuisance or initiate civil proceedings to abate the nuisance. Any person found by the court to have committed the nuisance shall be liable for the costs incurred by the district to abate the nuisance, including, but not limited to, the costs of investigation, costs of time and materials expended to eliminate or mitigate the nuisance, court costs, attorney’s fees, and costs of monitoring compliance. The court may also assess any civil penalties established in the ordinance against persons found by the court to have committed a nuisance.
(d) For purposes of this section, the following is defined as follows:
(1) “Petroleum” includes crude oil, including heating oil, or any fraction thereof, that is liquid at standard conditions of temperature and pressure. Standard conditions of temperature and pressure for crude oil is 60 degrees Fahrenheit and 14.7 pounds per square inch absolute.
(2) “Small aboveground tank” means a tank that is substantially or totally above the surface of the ground with a capacity of 550 gallons or less and not subject to Chapter 6.67 (commencing with Section 25270) of Division 20 of the Health and Safety Code.
(3) “Small underground tank” means any one or combination of tanks, including pipes connected thereto, that is used for storage of hazardous substances and that is substantially or totally beneath the surface of the ground with a capacity of 1,100 gallons or less.
(4) “Tank” means a stationary device designed to contain an accumulation of hazardous substances that is constructed primarily of nonearthen materials, including, but not limited to, wood, concrete, steel, or plastic that provides structural support.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sierra Lakes County Water District’s dependence on a single groundwater source for its residents that is at a substantial and imminent risk of toxic contamination from existing underground petroleum storage tanks.