Senate BillNo. 454


Introduced by Senator Allen

February 25, 2015


An act to amend Section 13399 of the Water Code, relating to water quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 454, as introduced, Allen. Water quality: minor violations.

The Porter-Cologne Water Quality Control Act authorizes the State Water Resources Control Board and the California regional water quality control boards to conduct inspections for violations of specified law. The act requires the state board and the regional boards to determine the types of violations that are minor violations and requires the state board to adopt regulations or state policy for water quality, as prescribed.

This bill would make nonsubstantive changes to the provision relating to minor violations.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 13399 of the Water Code is amended to
2read:

3

13399.  

(a) The Legislature hereby finds and declares that the
4purpose of this chapter is to establish an enforcement policy for
5violations of this division that the enforcement agency finds are
6minor when the danger they pose to, or the potential that they have
7for endangering, human health, safety, or welfare or the
8environment are taken into account.

P2    1(b) It is the intent of the Legislature in enacting this chapter to
2provide a more resource-efficient enforcement mechanism, faster
3compliance times, and the creation of a productive and cooperative
4working relationship between the state board, the regional boards,
5and the regulated community while maintaining protection of
6human health and safety and the environment.

7(c) This chapter applies solely to the actions of the state board
8and the regional boards in administering this division and has no
9application to the administrative enforcement actions of other
10public agencies.

11(d) The state board and each regional board shall implement
12this chapter by determining the types of violations of this division,
13or of the regulations, rules, standards, orders, permit conditions,
14or other requirements adopted pursuant to this division that the
15state board or the regional board finds are minor violations in
16accordance with subdivisions (e) and (f). The state board shall
17implement this chapter through adoption of regulations or state
18policy for water quality control pursuant to Article 3 (commencing
19with Section 13140) of Chapter 3.

20(e) In determining the types of violations that are minor
21 violations, the state board or regional board shall consider all of
22the following factors:

23(1) The magnitude of the violation.

24(2) The scope of the violation.

25(3) The severity of the violation.

26(4) The degree to which a violation puts human health, safety,
27or welfare or the environment into jeopardy.

28(5) The degree to which a violation could contribute to the
29failure to accomplish an important goal or program objective as
30established by this division.

31(6) The degree to which a violation may make it difficult to
32determine if the violator is in compliance with other requirements
33of this division.

34(f) For purposes of this chapter, a minor violation of this division
35shall not include any of the following:

36(1) begin deleteAny end deletebegin insertA end insertknowing, willful, or intentional violation of this
37division.

38(2) begin deleteAny end deletebegin insertA end insertviolation of this division that enables the violator to
39benefit economically from noncompliance, either by realizing
40reduced costs or by gaining a competitive advantage.

P3    1(3) begin deleteAny end deletebegin insertA end insertviolation that is a chronic violation or that is
2committed by a recalcitrant violator.

3(g) In determining whether a violation is chronic or a violator
4is recalcitrant, for purposes of paragraph (3) of subdivision (f), the
5state board or regional board shall consider whether there is
6evidence indicating that the violator has engaged in a pattern of
7neglect or disregard with respect to the requirements of this division
8or the requirements adopted pursuant to this division.



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