Chapter 9. Groundwater Sustainability Agency Enforcement Powers of California Water Code >> Division 6. >> Part 2.74. >> Chapter 9.
(a) (1) A person who extracts groundwater in excess of the
amount that person is authorized to extract under a rule, regulation,
ordinance, or resolution adopted pursuant to Section 10725.2, shall
be subject to a civil penalty not to exceed five hundred dollars
($500) per acre-foot extracted in excess of the amount that person is
authorized to extract. Liability under this subdivision is in
addition to any liability imposed under paragraph (2) and any fee
imposed for the extraction.
(2) A person who violates any rule, regulation, ordinance, or
resolution adopted pursuant to Section 10725.2 shall be liable for a
civil penalty not to exceed one thousand dollars ($1,000) plus one
hundred dollars ($100) for each additional day on which the violation
continues if the person fails to comply within 30 days after the
local agency has notified the person of the violation.
(b) (1) A groundwater sustainability agency may bring an action in
the superior court to determine whether a violation occurred and to
impose a civil penalty described in subdivision (a).
(2) A groundwater sustainability agency may administratively
impose a civil penalty described in subdivision (a) after providing
notice and an opportunity for a hearing.
(3) In determining the amount of the penalty, the superior court
or the groundwater sustainability agency shall take into
consideration all relevant circumstances, including, but not limited
to, the nature and persistence of the violation, the extent of the
harm caused by the violation, the length of time over which the
violation occurs, and any corrective action taken by the violator.
(c) A penalty imposed pursuant to this section shall be paid to
the groundwater sustainability agency and shall be expended solely
for purposes of this part.
(d) Penalties imposed pursuant to this section are in addition to
any civil penalty or criminal fine under any other law.
If a groundwater sustainability agency finds that a state
entity is not working cooperatively regarding implementation of a
groundwater sustainability plan, the groundwater sustainability
agency may file notice with the board regarding its finding. The
board shall notice proceedings to investigate the finding of the
groundwater sustainability agency. If the board determines that the
failure of the state entity to work cooperatively regarding
implementation of a groundwater sustainability plan compromises the
ability of the groundwater sustainability agency to implement the
plan in a manner that will likely achieve the sustainability goal,
the board may direct the state entity to cooperate in the
implementation of the groundwater sustainability plan unless the
state entity indicates its authority for not complying with a
groundwater sustainability plan in the same manner as subdivision (f)
of Section 10735.8.