BILL NUMBER: SB 658	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa
   (Coauthor: Senator Wyland)
   (Coauthors: Assembly Members Hagman, Harkey, Mansoor, and Wagner)

                        FEBRUARY 22, 2013

   An act to amend Section 13304 of the Water Code, relating to water
quality.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 658, as introduced, Correa. Water quality: cleanup and
abatement orders.
   The Porter-Cologne Water Quality Control Act requires a person who
discharges waste into the waters of the state in violation of waste
discharge requirements or an order or prohibition issued by a
California regional water quality control board or the State Water
Resources Control Board to clean up the waste or to abate the effects
of the waste. The act authorizes a regional water quality control
board to expend available money to perform any cleanup, abatement, or
remedial work required under those circumstances, and provides for
the recovery of costs associated with cleanup, abatement, and
remedial actions.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 13304 of the Water Code is amended to read:
   13304.  (a) Any person who has discharged or discharges waste into
the waters of this state in violation of  any  
a  waste discharge requirement or other order or prohibition
issued by a regional board or the state board, or who has caused or
permitted, causes or permits, or threatens to cause or permit any
waste to be discharged or deposited where it is, or probably will be,
discharged into the waters of the state and creates, or threatens to
create, a condition of pollution or nuisance, shall upon order of
the regional board, clean up the waste or abate the effects of the
waste, or, in the case of threatened pollution or nuisance, take
other necessary remedial action, including, but not limited to,
overseeing cleanup and abatement efforts. A cleanup and abatement
order issued by the state board or a regional board may require the
provision of, or payment for, uninterrupted replacement water
service, which may include wellhead treatment, to each affected
public water supplier or private well owner. Upon failure of any
person to comply with the cleanup or abatement order, the Attorney
General, at the request of the board, shall petition the superior
court for that county for the issuance of an injunction requiring the
person to comply with the order. In the suit, the court shall have
jurisdiction to grant a prohibitory or mandatory injunction, either
preliminary or permanent, as the facts may warrant.
   (b) (1) The regional board may expend available money to perform
any cleanup, abatement, or remedial work required under the
circumstances set forth in subdivision (a), including, but not
limited to, supervision of cleanup and abatement activities that, in
its judgment, is required by the magnitude of the endeavor or the
urgency for prompt action to prevent substantial pollution, nuisance,
or injury to any waters of the state. The action may be taken in
default of, or in addition to, remedial work by the waste discharger
or other persons, and regardless of whether injunctive relief is
being sought.
   (2) The regional board may perform the work itself, or with the
cooperation of any other governmental agency, and may use rented
tools or equipment, either with operators furnished or unoperated.
Notwithstanding any other  provisions of  law, the
regional board may enter into oral contracts for the work, and the
contracts, whether written or oral, may include provisions for
equipment rental and in addition the furnishing of labor and
materials necessary to accomplish the work. The contracts are not
subject to approval by the Department of General Services.
   (3) The regional board shall be permitted reasonable access to the
affected property as necessary to perform any cleanup, abatement, or
other remedial work. The access shall be obtained with the consent
of the owner or possessor of the property or, if the consent is
withheld, with a warrant duly issued pursuant to the procedure
described in Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure. However, in the event of an emergency
affecting public health or safety, the regional board may enter the
property without consent or the issuance of a warrant.
   (4) The regional board may contract with a water agency to
perform, under the direction of the regional board, investigations of
existing or threatened groundwater pollution or nuisance. The agency'
s cost of performing the contracted services shall be reimbursed by
the regional board from the first available funds obtained from cost
recovery actions for the specific site. The authority of a regional
board to contract with a water agency is limited to a water agency
that draws groundwater from the affected aquifer, a metropolitan
water district, or a local public agency responsible for water supply
or water quality in a groundwater basin.
   (c) (1) If the waste is cleaned up or the effects of the waste are
abated, or, in the case of threatened pollution or nuisance, other
necessary remedial action is taken by any governmental agency, the
person or persons who discharged the waste, discharges the waste, or
threatened to cause or permit the discharge of the waste within the
meaning of subdivision (a), are liable to that governmental agency to
the extent of the reasonable costs actually incurred in cleaning up
the waste, abating the effects of the waste, supervising cleanup or
abatement activities, or taking other remedial action. The amount of
the costs is recoverable in a civil action by, and paid to, the
governmental agency and the state board to the extent of the 
latter's   state board's  contribution to the
cleanup costs from the State Water Pollution Cleanup and Abatement
Account or other available funds.
   (2) The amount of the costs constitutes a lien on the affected
property upon service of a copy of the notice of lien on the owner
and upon the recordation of a notice of lien, that identifies the
property on which the condition was abated, the amount of the lien,
and the owner of record of the property, in the office of the county
recorder of the county in which the property is located. Upon
recordation, the lien has the same force, effect, and priority as a
judgment lien, except that it attaches only to the property posted
and described in the notice of lien, and shall continue for 10 years
from the time of the recording of the notice, unless sooner released
or otherwise discharged. Not later than 45 days after receiving a
notice of lien, the owner may petition the court for an order
releasing the property from the lien or reducing the amount of the
lien. In this court action, the governmental agency that incurred the
cleanup costs shall establish that the costs were reasonable and
necessary. The lien may be foreclosed by an action brought by the
state board on behalf of the regional board for a money judgment.
Money recovered by a judgment in favor of the state board shall be
deposited in the State Water Pollution Cleanup and Abatement Account.

   (d) If, despite reasonable effort by the regional board to
identify the person responsible for the discharge of waste or the
condition of pollution or nuisance, the person is not identified at
the time cleanup, abatement, or remedial work is required to be
performed, the regional board is not required to issue an order under
this section.
   (e)  "Threaten," for   For  purposes of
this section,  "threaten"  means a condition creating a
substantial probability of harm, when the probability and potential
extent of harm make it reasonably necessary to take immediate action
to prevent, reduce, or mitigate damages to persons, property, or
natural resources.
   (f) Replacement water provided pursuant to subdivision (a) shall
meet all applicable federal, state, and local drinking water
standards, and shall have comparable quality to that pumped by the
public water system or private well owner prior to the discharge of
waste.
   (g) (1)  Any   A  public water supplier
or private well owner receiving replacement water by reason of an
order issued pursuant to subdivision (a), or  any 
 a  person or entity  who   that 
is ordered to provide replacement water pursuant to subdivision (a),
may request nonbinding mediation of all replacement water claims.
   (2) If so requested, the public water suppliers receiving the
replacement water and the persons or entities ordered to provide the
replacement water, within 30 days of the submittal of a water
replacement plan, shall engage in at least one confidential
settlement discussion before a mutually acceptable mediator.
   (3) Any agreement between parties regarding replacement water
claims resulting from participation in the nonbinding mediation
process shall be consistent with the requirements of any cleanup and
abatement order.
   (4) A regional board or the state board is not required to
participate in  any  nonbinding mediation requested
pursuant to paragraph (1).
   (5) The party or parties requesting the mediation shall pay for
the costs of the mediation.
   (h) As part of any cleanup and abatement order that requires the
provision of replacement water, a regional board or the state board
shall request a water replacement plan from the discharger in cases
where replacement water is to be provided for more than 30 days. The
water replacement plan is subject to the approval of the regional
board or the state board prior to its implementation.
   (i)  A   For purposes of this section, 
"water replacement plan" means a plan pursuant to which the
discharger will provide replacement water in accordance with a
cleanup and abatement order.
   (j) This section does not impose any new liability for acts
occurring before January 1, 1981, if the acts were not in violation
of existing laws or regulations at the time they occurred.
   (k)  Nothing in this section limits   This
section does not limit  the authority of any state agency under
any other law or regulation to enforce or administer any cleanup or
abatement activity.
   (  l  ) The Legislature declares that the amendments made
to subdivision (a) of this section by Senate Bill 1004 of the
2003-04 Regular Session do not constitute a change in, but are
declaratory of, existing law.