Section 116595 Of Article 7. Requirements And Compliance From California Health And Safety Code >> Division 104. >> Part 12. >> Chapter 4. >> Article 7.
116595
. (a) A public water system under the jurisdiction of a local
primacy agency shall reimburse the local primacy agency for any
enforcement cost incurred by the local primacy agency related to any
of the following relating to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The local primacy agency shall submit an invoice to the
public water system that requires payment, before September 1 of the
fiscal year following the fiscal year in which the costs were
incurred. The invoice shall indicate the total hours expended, the
reasons for the expenditure, and the hourly cost rate of the local
primacy agency. The invoice shall not exceed the total costs to the
local primacy agency of enforcement activities specified in this
subdivision. Notwithstanding the reimbursement to the state board of
enforcement costs, if any, pursuant to Section 116577, any public
water system under the jurisdiction of the local primacy agency shall
also reimburse the local primacy agency for enforcement costs
incurred by the local primacy agency pursuant to this section. The
local primacy agency shall not be entitled to enforcement costs
pursuant to this subdivision if a court determines that enforcement
activities were in error. "Enforcement costs" as used in this
subdivision does not include "litigation costs" as used in Section
116585.
(c) Payment of the invoice shall be made within 90 days of the
date of the invoice. Failure to pay the invoice within 90 days shall
result in a 10-percent late penalty that shall be paid in addition to
the invoiced amount.
(d) The local primacy agency may, in its sole discretion, waive
payment by a public water system of all or any part of the invoice or
the penalty.