Administrative Civil Liability - Enforcement And Implementation - Water Code - CA

Section § 13323

This law allows an executive officer of a regional board to issue a complaint to someone who has violated specific environmental laws, proposing a financial penalty (civil liability). The complaint must be delivered by certified mail or a receipt-confirming method, and the person receiving it has the option to attend a hearing within 90 days or waive that right.

If the state board takes up the case, a hearing is also held within 90 days after the complaint is served. Once an order for civil liability is made, it is final and must be paid within 30 days unless an appeal is initiated, in which case the payment is postponed. Copies of orders are sent similarly by certified mail or delivery with receipt, and the public can access information about these orders online.

(a) Any executive officer of a regional board may issue a complaint to any person on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability.

(b) The complaint shall be served by certified mail, in accordance with Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt, and shall inform the party so served that a hearing before the regional board shall be conducted within 90 days after the party has been served. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. The person who has been issued a complaint may waive the right to a hearing.

(c) In proceedings under this article for imposition of administrative civil liability by the state board, the executive director of the state board shall issue the complaint and any hearing shall be before the state board, or before a member of the state board in accordance with Section 183, and shall be conducted not later than 90 days after the party has been served.

(d) Orders imposing administrative civil liability shall become effective and final upon issuance thereof, and are not subject to review by any court or agency except as provided by Sections 13320 and 13330. Payment shall be made not later than 30 days from the date on which the order is issued. The time for payment is extended during the period in which a person who is subject to an order seeks review under Section 13320 or 13330. Copies of these orders shall be served by certified mail, in accordance with Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt, upon the party served with the complaint and shall be provided to other persons who appeared at the hearing and requested a copy. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address.

(e) Information relating to hearing waivers and the imposition of administrative civil liability, as proposed to be imposed and as finally imposed, under this section shall be made available to the public by means of the internet.

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Section § 13326

This law states that a person cannot be held responsible for civil penalties twice for the same action or inaction. Essentially, if someone is fined or penalized according to this article, they can't also be fined in a superior court under Articles 5 or 6 for the same incident.

No person shall be subject to both civil liability imposed under this article and civil liability imposed by the superior court under Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) for the same act or failure to act.

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Section § 13327

This law explains how California's water boards decide on the financial penalties for violations of water laws. They consider factors like how serious the violation is, if it can be cleaned or stopped, how toxic it is, and the violator’s ability to pay. They also look at whether the violator has tried to fix the problem, any past violations, their responsibility for the violation, financial gains from the violation, and other relevant issues.

In determining the amount of civil liability, the regional board, and the state board upon review of any order pursuant to Section 13320, shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require.

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Section § 13328

Once the deadline for judicial review has passed, the state board can ask a court clerk in the county where a civil penalty was placed to issue a judgment to collect the penalty. This request must include a certified copy of the board's decision. The court clerk will then quickly enter the judgment. This judgment is treated just like any other court judgment, meaning it can be enforced in the same way as other court judgments.

After the time for judicial review under Section 13330 has expired, the state board may apply to the clerk of the appropriate court in the county in which the civil liability or penalty was imposed, for a judgment to collect the civil liability or penalty. The application, which shall include a certified copy of the state board or regional board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.

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