Code Section Group

Water Code - WAT

DIVISION 3. DAMS AND RESERVOIRS [6000 - 6612]

  ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. )

PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470]

  ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. )

CHAPTER 8. Offenses and Punishment [6425 - 6432]
  ( Chapter 8 enacted by Stats. 1943, Ch. 368. )

6425.
  

Every person who violates any of the provisions of this part or of any approval, order, rule, regulation, or requirement of the department is guilty of a misdemeanor and punishable by a fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail not exceeding six months, or both. In the event of a continuing violation each day that the violation continues constitutes a separate and distinct offense.

(Enacted by Stats. 1943, Ch. 368.)

6426.
  

Any person who wilfully obstructs, hinders, or prevents the department or its agents or employees from performing the duties imposed by this part or who wilfully resists the exercise of the control and supervision conferred by this part upon the department or its agents or employees is guilty of a misdemeanor and punishable as provided in this article.

(Enacted by Stats. 1943, Ch. 368.)

6427.
  

Any owner or any person acting as a director, officer, agent, or employee of an owner, or any contractor or agent or employee of a contractor who engages in the construction, enlargement, repair, alteration, maintenance, or removal of any dam or reservoir, who knowingly does work or permits work to be executed on the dam or reservoir without an approval or in violation of or contrary to any approval as provided for in this part, or any inspector, agent, or employee of the department who has knowledge of such work being done and who fails to immediately notify the department thereof is guilty of a misdemeanor and punishable as provided in this article.

(Amended by Stats. 1965, Ch. 1225.)

6428.
  

(a) Any owner who fails to pay any further fee or any part of a further fee required to be paid pursuant to Section 6305 within the time required shall pay a penalty of 10 percent of the further fee or part of the further fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the further fee or the part of the further fee became due and payable to the state until the date of payment.

(b) Any owner who fails to pay any annual fee or any part of any annual fee required to be paid pursuant to Section 6307 within the time required shall pay a penalty of 10 percent of the annual fee or part of the annual fee, in addition to the annual fee or part of the annual fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the annual fee or the part of the annual fee became due and payable to the state until the date of payment.

(Amended by Stats. 2017, Ch. 26, Sec. 90. (SB 92) Effective June 27, 2017.)

6429.
  

(a) The department may impose reservoir restrictions and levy property liens on an owner of a dam who fails to comply with any of the provisions of this part or any approval, order, rule, regulation, or requirement of the department.

(b) (1) The department shall post, and update annually, on its Internet Web site a report containing all of the following:

(A) The name of each reservoir subject to a restriction imposed pursuant to subdivision (a) and the reservoir’s associated downstream hazard potential classification.

(B) The effective date of the reservoir restriction.

(C) The reason for the restriction.

(D) Any actions, planned or completed, that the dam owner reports to the department to address the restriction.

(2) If no reservoir restrictions are in effect, the department shall post this fact on its Internet Web site.

(Amended by Stats. 2018, Ch. 543, Sec. 1. (AB 2516) Effective January 1, 2019.)

6430.
  

Any person who unlawfully constructs or operates a dam without approval from the department shall pay a fine in the amount of the annual fees and the late penalties that would have been due for the period starting from the date the dam was completed to the date the violation was identified by the department.

(Added by Stats. 2017, Ch. 26, Sec. 92. (SB 92) Effective June 27, 2017.)

6431.
  

An owner of a dam who fails to comply with a department order to prepare an acceptable emergency action plan shall pay the cost and expense incurred by the department to prepare the emergency action plan. The department’s cost and expense shall be recoverable by the state from the owner.

(Added by Stats. 2017, Ch. 26, Sec. 93. (SB 92) Effective June 27, 2017.)

6432.
  

In addition to any penalties imposed by any other law, the department may impose a civil penalty of up to one thousand dollars ($1,000) per day upon any owner of a dam who fails to comply with any provision of this part.

(Added by Stats. 2017, Ch. 26, Sec. 94. (SB 92) Effective June 27, 2017.)

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