Section § 13399.25

Explanation

This law adds to existing laws about storm water discharge without replacing them.

This chapter supplements, and does not supplant, other laws relating to the discharge of storm water.

Section § 13399.27

Explanation

Each year, by December 31, the state board must investigate and then prepare a public report about storm water permit compliance from the previous calendar year. This report should list people who were informed about their requirement to follow storm water permits and detail the responses, like intentions to comply or reasons for non-compliance. It should also note who didn't submit necessary reports or certifications and outline any penalties given for these failures.

On or before December 31, the state board, after any necessary investigation, shall annually prepare, and make available to the public, a report that includes both of the following for the previous calendar year:
(a)CA Water Code § 13399.27(a) A list of those persons that were notified of their duty to comply with applicable general storm water NPDES permits pursuant to Section 13399.30 and a description of the responses received to those notifications, including the filing of notices of intent to obtain coverage or notices of nonapplicability, returned mail and no response, appeals of filing or permitting requirements pursuant to this chapter, site inspections, enforcement actions taken, and penalties assessed therefor.
(b)CA Water Code § 13399.27(b) A list of those dischargers identified pursuant to Section 13399.31 that, during the previous calendar year, failed to submit an annual report or construction certification required by a regional board, and any penalties assessed therefor.

Section § 13399.30

Explanation

Every year, regional boards have to make efforts to find people who are discharging storm water without the proper permit. If a person or business is discharging industrial storm water without a permit, they must inform the regional board within 30 days upon receiving a notice. They can either file for coverage under a storm water NPDES permit or explain why they don't need one. If they don't respond in 30 days, they'll receive a second warning.

If they still don't submit the required documents within 60 days from the first notice, penalties will be enforced. These penalties vary depending on whether the person failed to submit a notice of nonapplicability or the intent to obtain coverage.

(a)Copy CA Water Code § 13399.30(a)
(1)Copy CA Water Code § 13399.30(a)(1) Each year the regional boards shall undertake reasonable efforts to identify dischargers of storm water that have not obtained coverage under an appropriate storm water NPDES permit.
(2)CA Water Code § 13399.30(a)(2) Any person, including a person subject to waste discharge requirements under Section 1342(p) of Title 33 of the United States Code, that discharges, proposes to discharge, or is suspected by a regional board or the state board of discharging storm water associated with industrial activity that has not obtained coverage under an appropriate storm water NPDES permit, shall submit to the regional board, within 30 days from the date on which a notice is sent by the regional board, the appropriate notice of intent to obtain coverage or a notice of nonapplicability that specifies the basis for not needing to obtain coverage under an NPDES permit.
(b)CA Water Code § 13399.30(b) If a person to which a notice is sent pursuant to subdivision (a) fails to submit the appropriate notice of intent to obtain coverage or the required notice of nonapplicability to the regional board within 30 days from the date on which that notice is sent, the executive officer of the regional board shall send a second notice to that discharger.
(c)Copy CA Water Code § 13399.30(c)
(1)Copy CA Water Code § 13399.30(c)(1) If a person to which a notice is sent pursuant to subdivision (b) fails to submit the required notice of nonapplicability to the regional board within 60 days from the date on which the notice pursuant to subdivision (a) was sent, the regional board shall impose the penalties described in subdivision (b) of Section 13399.33.
(2)CA Water Code § 13399.30(c)(2) If a person to which a notice is sent pursuant to subdivision (b) fails to submit the required notice of intent to obtain coverage to the regional board within 60 days from the date on which the notice pursuant to subdivision (a) was sent, the regional board shall impose the penalties described in subdivision (a) of Section 13399.33.

Section § 13399.31

Explanation

This law section outlines the responsibilities of regional boards regarding dischargers who fail to submit required annual reports or construction certifications related to their NPDES permits. Each year, the regional board reviews these reports and identifies non-compliant dischargers. If a discharger is non-compliant, the board notifies them of their failure and potential penalties.

If the discharger does not comply within 30 days, a second notice is sent. Should the discharger still fail to submit the required documents within 60 days, penalties as outlined in another section will be enforced.

(a)CA Water Code § 13399.31(a) Each year the regional board shall conduct a review of the annual reports and construction certifications submitted in accordance with the requirements of an applicable NPDES permit and Section 1342(p) of Title 33 of the United States Code and shall identify the dischargers that have failed to submit that annual report or construction certification required by the regional board.
(b)CA Water Code § 13399.31(b) The regional board shall notify each discharger that is identified pursuant to subdivision (a) with regard to its noncompliance and the penalties therefor.
(c)CA Water Code § 13399.31(c) If a discharger to which a notice is sent pursuant to subdivision (b) fails to submit the annual report or construction certification required by the regional board to the regional board within 30 days from the date on which that notice is sent, the executive officer of the regional board shall send a second notice to that discharger.
(d)CA Water Code § 13399.31(d) If a discharger to which a notice is sent pursuant to subdivision (c) fails to submit the annual report or construction certification required by the regional board to the regional board within 60 days from the date on which the notice is sent pursuant to subdivision (b), the regional board shall impose the penalties described in subdivision (c) of Section 13399.33.

Section § 13399.33

Explanation

This law guides how the regional board should handle non-compliance with storm water regulations by dischargers connected to industrial activities. If a company doesn't file the required intent or nonapplicability notices, it faces fines. For failing to submit a notice of intent, there's a minimum fine of $5,000 per year, while other failures can result in $1,000 fines. The board will consider several factors like the severity of the violation and history when setting fines. They can also recover costs from the violators. An individual can defend against penalties by proving they didn't receive mandatory notices.

Except as provided in Section 13399.35, the regional board shall do all of the following with regard to a discharger that is subject to the requirements prescribed in accordance with Section 1342(p) of Title 33 of the United States Code:
(a)Copy CA Water Code § 13399.33(a)
(1)Copy CA Water Code § 13399.33(a)(1) With regard to a discharger of storm water associated with industrial activity that fails to submit the required notice of intent to obtain coverage in accordance with Section 13399.30, impose civil liability administratively in an amount that is not less than five thousand dollars ($5,000) per year of noncompliance or fraction thereof, unless the regional board makes express findings setting forth the reasons for its failure to do so, based on the specific factors required to be considered pursuant to paragraph (2).
(2)CA Water Code § 13399.33(a)(2) In determining the amount of the penalty imposed under this section, the regional board shall consider the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the ability to pay, any prior history of violations, the degree of culpability, economic benefits or savings resulting from the violation, and other matters as justice may require. These considerations shall be balanced against the need for the regulatory costs of environmental protection to be borne equally by dischargers throughout the state, and the need for predictability of enforcement when making business decisions.
(b)CA Water Code § 13399.33(b) With regard to a person that fails to submit the required notice of nonapplicability in accordance with Section 13399.30, impose civil liability administratively in the amount of one thousand dollars ($1,000).
(c)CA Water Code § 13399.33(c) With regard to a person that fails to submit an annual report or construction certification in accordance with Section 13399.31, impose civil liability administratively in an amount that is not less than one thousand dollars ($1,000).
(d)CA Water Code § 13399.33(d) Recover from the persons described in subdivisions (a), (b), and (c) the costs incurred by the regional board with regard to those persons.
(e)CA Water Code § 13399.33(e) It is an affirmative defense to the penalties imposed under this section for a person described in subdivision (a) or (b) to prove that he or she did not, in fact, receive the notices required under Section 13399.30 or 13399.31.

Section § 13399.35

Explanation

If someone faces penalties under certain water quality laws, they can reduce these penalties by up to 50% by doing a supplemental environmental project. This project must be approved by a regional board and should be beneficial to the environment. It is an initiative that wouldn't normally happen if not for the enforcement action.

(a)CA Water Code § 13399.35(a) The regional board may allow a person to reduce the penalties described in subdivisions (a), (b), and (c) of Section 13399.33 by up to 50 percent by undertaking a supplemental environmental project in accordance with the enforcement policy of the state board and any applicable guidance document.
(b)CA Water Code § 13399.35(b) For the purposes of this section, a “supplemental environmental project” means an environmentally beneficial project that a person agrees to undertake, with the approval of the regional board, which would not be undertaken in the absence of an enforcement action under Section 13399.33.

Section § 13399.37

Explanation

This law states that money collected from fines and cost recovery related to waste discharge should be placed into a specific fund called the Waste Discharge Permit Fund. The funds in this account are designated for use by the regional boards that generated the revenue. They can use this money, once the state legislature approves, specifically for storm water management programs.

(a)CA Water Code § 13399.37(a) The money generated from the imposition of liability and cost recovery pursuant to Section 13399.33 shall be deposited, and separately accounted for, in the Waste Discharge Permit Fund.
(b)CA Water Code § 13399.37(b) The money described in subdivision (a) shall be available, upon appropriation by the Legislature, to the regional boards from which the revenues were generated for the purpose of carrying out storm water programs under this division.

Section § 13399.41

Explanation

This law requires state agencies to give the state board information about businesses involved in storm water management, including their names, addresses, and types of operations. This information helps the state board manage storm water discharges from industrial activities. State agencies will be paid back for any costs they have from following this rule.

Notwithstanding any other provision of law, appropriate state agencies, as requested by the executive director of the state board, shall provide the state board with the names, addresses, and standard industrial classifications or types of business facilities that are subject to storm water programs under this division. The information obtained pursuant to this section shall be used by the state board solely to regulate the discharge of storm water associated with industrial activity under this division. The state shall reimburse state agencies for all reasonable expenses incurred in connection with complying with this section.

Section § 13399.43

Explanation

This law section defines an "NPDES permit" as a specific type of permit that is issued under the national program designed to eliminate pollutant discharges, according to the guidelines of the Clean Water Act.

For the purposes of this chapter, “NPDES permit” means a permit issued under the national pollutant discharge elimination system program in accordance with the Clean Water Act (33 U.S.C.A. Sec. 1251 et seq.).