BILL NUMBER: AB 495	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 15, 2005
	PASSED THE ASSEMBLY  MAY 26, 2005
	AMENDED IN ASSEMBLY  MAY 3, 2005
	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member Montanez

                        FEBRUARY 16, 2005

   An act to amend Section 13385.1 of the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 495, Montanez  Waste discharge requirements: penalties.
   Existing law, the Porter-Cologne Water Quality Control Act, with
certain exceptions, requires the imposition of a mandatory minimum
penalty in the amount of $3,000 for certain violations of waste
discharge requirements, including for each serious violation, as
defined, and, under certain circumstances, for a violation of a waste
discharge requirement effluent limitation, a failure to file a waste
discharge report, or a violation of a toxicity effluent limitation.
Existing law defines "effluent limitation," for specified purposes,
as a numeric or numerically expressed narrative restriction on the
quantity, discharge rate, concentration, or toxicity units of a
pollutant or pollutants authorized to be discharged from a location
that is specified in waste discharge requirements.
   This bill would redefine that term to mean a numeric restriction,
or numerically expressed narrative restriction, on the quantity,
discharge rate, concentration, or toxicity units of a pollutant or
pollutants that may be discharged from an authorized location.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.   Section 13385.1 of the Water Code is amended to read:

   13385.1.  (a) (1) For the purposes of subdivision (h) of Section
13385, a "serious violation" also means a failure to file a discharge
monitoring report required pursuant to Section 13383 for each
complete period of 30 days following the deadline for submitting the
report, if the report is designed to ensure compliance with
limitations contained in waste discharge requirements that contain
effluent limitations.
   (2) Paragraph (1) applies only to violations that occur on or
after January 1, 2004.
   (b) (1) Notwithstanding any other provision of law, moneys
collected pursuant to this section for a failure to timely file a
report, as described in subdivision (a), shall be deposited in the
Waste Discharge Permit Fund and separately accounted for in that
fund.
   (2) The funds described in paragraph (1) shall be expended by the
state board, upon appropriation by the Legislature, to assist
regional boards, and other public agencies with authority to clean up
waste or abate the effects of the waste, in responding to
significant water pollution problems.
   (c) For the purposes of this section, paragraph (2) of subdivision
(f) of Section 13385, and subdivisions (h), (i), and (j) of Section
13385 only, "effluent limitation" means a numeric or numerically
expressed narrative restriction, on the quantity, discharge rate,
concentration, or toxicity units of a pollutant or pollutants that
may be discharged from an authorized location. An effluent limitation
may be final or interim, and may be expressed as a prohibition. An
effluent limitation, for those purposes, does not include a receiving
water limitation, a compliance schedule, or a best management
practice.