Section 13575.5 Of Article 5.5. Waste Water Control From California Public Utilities Code >> Division 6. >> Chapter 8. >> Article 5.5.
13575.5
. (a) The district may issue a complaint to any person on
whom 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 personal notice or certified
mail on the person subject to the district's discharge and reporting
requirements, and shall inform the party served that a hearing shall
be conducted within 60 days after the party has been served. The
hearing shall be before a hearing officer designated by the board.
The person who has been issued a complaint may waive the right to a
hearing, in which case the district shall not conduct a hearing. A
person dissatisfied with the decision of the hearing officer may
appeal to the board of directors within 30 days of notice of the
hearing officer's decision.
(c) If after the hearing, or appeal, if any, it is found that the
person has violated reporting or discharge requirements, the hearing
officer or board may assess a fine against that person. In
determining the amount of the fine the hearing officer or board shall
take into consideration all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the
nature and persistence of the violation, the length of time over
which the violation occurs and corrective action, if any, attempted
or taken by the discharger.
(d) Civil liability may be imposed by the district as follows:
(1) In an amount which does not exceed one thousand dollars
($1,000) for each day for knowingly or willfully failing or refusing
to furnish technical or monitoring reports.
(2) In an amount which does not exceed five thousand dollars
($5,000) for each day of intentionally or negligently discharging
hazardous waste, as defined in Section 25117 of the Health and Safety
Code, knowingly falsifying any information provided in any furnished
technical or monitoring report.
(3) In an amount which does not exceed ten dollars ($10) per
gallon for discharges in violation of any of the district's cease and
desist or other orders, or prohibitions issued, reissued, or adopted
by the district.
(e) All moneys collected under this section shall be deposited in
a special district account and shall be made available for the
monitoring, treatment, and control of discharges into district
facilities.
(f) Unless appealed, orders setting administrative civil liability
shall become effective and final upon issuance thereof, and payment
shall be made within 30 days. Copies of these orders shall be served
by personal service or by registered mail upon the party served with
the complaint and upon other persons who appeared at the hearing and
requested a copy.
(g) No liability shall be recoverable under this section for any
violation for which liability is recovered under Section 13575.