BILL NUMBER: SB 454	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 13399 of the Water Code is amended to read:
   13399.  (a) The Legislature hereby finds and declares that the
purpose of this chapter is to establish an enforcement policy for
violations of this division that the enforcement agency finds are
minor when the danger they pose to, or the potential that they have
for endangering, human health, safety, or welfare or the environment
are taken into account.
   (b) It is the intent of the Legislature in enacting this chapter
to provide a more resource-efficient enforcement mechanism, faster
compliance times, and the creation of a productive and cooperative
working relationship between the state board, the regional boards,
and the regulated community while maintaining protection of human
health and safety and the environment.
   (c) This chapter applies solely to the actions of the state board
and the regional boards in administering this division and has no
application to the administrative enforcement actions of other public
agencies.
   (d) The state board and each regional board shall implement this
chapter by determining the types of violations of this division, or
of the regulations, rules, standards, orders, permit conditions, or
other requirements adopted pursuant to this division that the state
board or the regional board finds are minor violations in accordance
with subdivisions (e) and (f). The state board shall implement this
chapter through adoption of regulations or state policy for water
quality control pursuant to Article 3 (commencing with Section 13140)
of Chapter 3.
   (e) In determining the types of violations that are minor
violations, the state board or regional board shall consider all of
the following factors:
   (1) The magnitude of the violation.
   (2) The scope of the violation.
   (3) The severity of the violation.
   (4) The degree to which a violation puts human health, safety, or
welfare or the environment into jeopardy.
   (5) The degree to which a violation could contribute to the
failure to accomplish an important goal or program objective as
established by this division.
   (6) The degree to which a violation may make it difficult to
determine if the violator is in compliance with other requirements of
this division.
   (f) For purposes of this chapter, a minor violation of this
division shall not include any of the following:
   (1)  Any   A knowing, willful, or
intentional violation of this division.
   (2)  Any   A  violation of this division
that enables the violator to benefit economically from
noncompliance, either by realizing reduced costs or by gaining a
competitive advantage.
   (3)  Any   A    violation that
is a chronic violation or that is committed by a recalcitrant
violator.
   (g) In determining whether a violation is chronic or a violator is
recalcitrant, for purposes of paragraph (3) of subdivision (f), the
state board or regional board shall consider whether there is
evidence indicating that the violator has engaged in a pattern of
neglect or disregard with respect to the requirements of this
division or the requirements adopted pursuant to this division.