Chapter 5.9The Storm Water Enforcement Act of 1998
Section § 13399.25
This law adds to existing laws about storm water discharge without replacing them.
Section § 13399.27
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.
Section § 13399.30
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.
Section § 13399.31
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.
Section § 13399.33
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.
Section § 13399.35
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.
Section § 13399.37
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.
Section § 13399.41
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.
Section § 13399.43
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.