13399. (a) The Legislature hereby finds and declares that the
purpose of this chapter is to establish an enforcement policy for
violations of this division that the enforcement agency finds are
minor when the danger they pose to, or the potential that they have
for endangering, human health, safety, or welfare or the environment
are taken into account.
(b) It is the intent of the Legislature in enacting this chapter
to provide a more resource-efficient enforcement mechanism, faster
compliance times, and the creation of a productive and cooperative
working relationship between the state board, the regional boards,
and the regulated community while maintaining protection of human
health and safety and the environment.
(c) This chapter applies solely to the actions of the state board
and the regional boards in administering this division and has no
application to the administrative enforcement actions of other public
agencies.
(d) The state board and each regional board shall implement this
chapter by determining the types of violations of this division, or
of the regulations, rules, standards, orders, permit conditions, or
other requirements adopted pursuant to this division that the state
board or the regional board finds are minor violations in accordance
with subdivisions (e) and (f). The state board shall implement this
chapter through adoption of regulations or state policy for water
quality control pursuant to Article 3 (commencing with Section 13140)
of Chapter 3.
(e) In determining the types of violations that are minor
violations, the state board or regional board shall consider all of
the following factors:
(1) The magnitude of the violation.
(2) The scope of the violation.
(3) The severity of the violation.
(4) The degree to which a violation puts human health, safety, or
welfare or the environment into jeopardy.
(5) The degree to which a violation could contribute to the
failure to accomplish an important goal or program objective as
established by this division.
(6) The degree to which a violation may make it difficult to
determine if the violator is in compliance with other requirements of
this division.
(f) For purposes of this chapter, a minor violation of this
division shall not include any of the following:
(1) Any knowing, willful, or intentional violation of this
division.
(2) Any violation of this division that enables the violator to
benefit economically from noncompliance, either by realizing reduced
costs or by gaining a competitive advantage.
(3) Any violation that is a chronic violation or that is committed
by a recalcitrant violator.
(g) In determining whether a violation is chronic or a violator is
recalcitrant, for purposes of paragraph (3) of subdivision (f), the
state board or regional board shall consider whether there is
evidence indicating that the violator has engaged in a pattern of
neglect or disregard with respect to the requirements of this
division or the requirements adopted pursuant to this division.
13399.1. For purposes of this chapter, "notice to comply" means a
written method of alleging a minor violation that is in compliance
with all of the following requirements:
(a) The notice to comply is written in the course of conducting an
inspection by an authorized representative of the state board or
regional board. If testing is required by the state board or regional
board to determine compliance, and the testing cannot be conducted
during the course of the inspection, the representative of the state
board or regional board shall have a reasonable period of time to
conduct the required testing. If, after the test results are
available, the representative of the state board or regional board
determines that the issuance of a notice to comply is warranted, the
representative shall immediately notify the facility owner or
operator in writing.
(b) A copy of the notice to comply is presented to a person who is
an owner, operator, employee, or representative of the facility
being inspected at the time that the notice to comply is written. If
offsite testing is required pursuant to subdivision (a), a copy of
the notice to comply may be mailed to the owner or operator of the
facility.
(c) The notice to comply clearly states the nature of the alleged
minor violation, a means by which compliance with the requirement
cited by the representative of the state board or regional board may
be achieved, and a time limit in which to comply, which shall not
exceed 30 days.
(d) The notice to comply shall contain the information specified
in subdivision (h) of Section 13399.2 with regard to the possible
reinspection of the facility.
13399.2. (a) An authorized representative of the state board or
regional board, who, in the course of conducting an inspection,
detects a minor violation shall issue a notice to comply before
leaving the site at which the minor violation is alleged to have
occurred if the authorized representative finds that a notice to
comply is warranted.
(b) A person who receives a notice to comply pursuant to
subdivision (a) shall have the period specified in the notice to
comply from the date of receipt of the notice to comply in which to
achieve compliance with the requirement cited on the notice to
comply. Within five working days of achieving compliance, the person
who received the notice to comply shall sign the notice to comply,
and return it to the representative of the state board or regional
board, stating that the person has complied with the notice to
comply. A false statement that compliance has been achieved is a
violation of this division pursuant to subdivision (a) of Section
13268, Section 13385, or subdivision (e) of Section 13387.
(c) A single notice to comply shall be issued for all minor
violations cited during the same inspection and the notice to comply
shall separately list each cited minor violation and the manner in
which each minor violation may be brought into compliance.
(d) A notice to comply shall not be issued for any minor violation
that is corrected immediately in the presence of the inspector.
Immediate compliance in that manner may be noted in the inspection
report, but the person shall not be subject to any further action by
the representative of the state board or regional board.
(e) Except as otherwise provided in subdivision (g), a notice to
comply shall be the only means by which the representative of the
state board or regional board shall cite a minor violation. The
representative of the state board or regional board shall not take
any other enforcement action specified in this division against a
person who has received a notice to comply if the person is in
compliance with this section.
(f) If a person who receives a notice to comply pursuant to
subdivision (a) disagrees with one or more of the alleged violations
cited in the notice to comply, the person shall give written notice
of appeal to the state board or regional board.
(g) Notwithstanding any other provision of this section, if a
person fails to comply with a notice to comply within the prescribed
period, or if the state board or regional board determines that the
circumstances surrounding a particular minor violation are such that
immediate enforcement is warranted to prevent harm to the public
health or safety or to the environment, the state board or regional
board may take any needed enforcement action authorized by this
division.
(h) A notice to comply issued to a person pursuant to this section
shall contain a statement that the inspected facility may be subject
to reinspection at any time. Nothing in this section shall be
construed as preventing the reinspection of a facility to ensure
compliance or to ensure that minor violations cited in a notice to
comply have been corrected.
(i) Nothing in this section shall be construed as preventing the
state board or regional board, on a case-by-case basis, from
requiring a person subject to a notice to comply to submit reasonable
and necessary documentation to support a claim of compliance by the
person.
(j) Nothing in this section restricts the power of a city
attorney, district attorney, county counsel, or the Attorney General
to bring, in the name of the people of California, any criminal
proceeding otherwise authorized by law. Furthermore, nothing in this
section prevents the state board or regional board, or a
representative of the state board or regional board, from cooperating
with, or participating in, such a proceeding.
(k) Notwithstanding any other provision of this section, if the
state board or regional board determines that the circumstances
surrounding a particular minor violation are such that the assessment
of a civil penalty pursuant to this division is warranted or
required by federal law, in addition to issuance of a notice to
comply, the state board or regional board shall assess a civil
penalty in accordance with this division, if the state board or
regional board makes written findings that set forth the basis for
the determination of the state board or regional board.
13399.3. On or before January 1, 2000, the state board shall report
to the Legislature on actions taken by the state board and the
regional boards to implement this chapter and the results of that
implementation. Each regional board shall provide the state board
with the information that the state board requests to determine the
degree to which the purposes described in subdivision (a) of Section
13399 have been achieved.
13399. (a) The Legislature hereby finds and declares that the
purpose of this chapter is to establish an enforcement policy for
violations of this division that the enforcement agency finds are
minor when the danger they pose to, or the potential that they have
for endangering, human health, safety, or welfare or the environment
are taken into account.
(b) It is the intent of the Legislature in enacting this chapter
to provide a more resource-efficient enforcement mechanism, faster
compliance times, and the creation of a productive and cooperative
working relationship between the state board, the regional boards,
and the regulated community while maintaining protection of human
health and safety and the environment.
(c) This chapter applies solely to the actions of the state board
and the regional boards in administering this division and has no
application to the administrative enforcement actions of other public
agencies.
(d) The state board and each regional board shall implement this
chapter by determining the types of violations of this division, or
of the regulations, rules, standards, orders, permit conditions, or
other requirements adopted pursuant to this division that the state
board or the regional board finds are minor violations in accordance
with subdivisions (e) and (f). The state board shall implement this
chapter through adoption of regulations or state policy for water
quality control pursuant to Article 3 (commencing with Section 13140)
of Chapter 3.
(e) In determining the types of violations that are minor
violations, the state board or regional board shall consider all of
the following factors:
(1) The magnitude of the violation.
(2) The scope of the violation.
(3) The severity of the violation.
(4) The degree to which a violation puts human health, safety, or
welfare or the environment into jeopardy.
(5) The degree to which a violation could contribute to the
failure to accomplish an important goal or program objective as
established by this division.
(6) The degree to which a violation may make it difficult to
determine if the violator is in compliance with other requirements of
this division.
(f) For purposes of this chapter, a minor violation of this
division shall not include any of the following:
(1) Any knowing, willful, or intentional violation of this
division.
(2) Any violation of this division that enables the violator to
benefit economically from noncompliance, either by realizing reduced
costs or by gaining a competitive advantage.
(3) Any violation that is a chronic violation or that is committed
by a recalcitrant violator.
(g) In determining whether a violation is chronic or a violator is
recalcitrant, for purposes of paragraph (3) of subdivision (f), the
state board or regional board shall consider whether there is
evidence indicating that the violator has engaged in a pattern of
neglect or disregard with respect to the requirements of this
division or the requirements adopted pursuant to this division.
13399.1. For purposes of this chapter, "notice to comply" means a
written method of alleging a minor violation that is in compliance
with all of the following requirements:
(a) The notice to comply is written in the course of conducting an
inspection by an authorized representative of the state board or
regional board. If testing is required by the state board or regional
board to determine compliance, and the testing cannot be conducted
during the course of the inspection, the representative of the state
board or regional board shall have a reasonable period of time to
conduct the required testing. If, after the test results are
available, the representative of the state board or regional board
determines that the issuance of a notice to comply is warranted, the
representative shall immediately notify the facility owner or
operator in writing.
(b) A copy of the notice to comply is presented to a person who is
an owner, operator, employee, or representative of the facility
being inspected at the time that the notice to comply is written. If
offsite testing is required pursuant to subdivision (a), a copy of
the notice to comply may be mailed to the owner or operator of the
facility.
(c) The notice to comply clearly states the nature of the alleged
minor violation, a means by which compliance with the requirement
cited by the representative of the state board or regional board may
be achieved, and a time limit in which to comply, which shall not
exceed 30 days.
(d) The notice to comply shall contain the information specified
in subdivision (h) of Section 13399.2 with regard to the possible
reinspection of the facility.
13399.2. (a) An authorized representative of the state board or
regional board, who, in the course of conducting an inspection,
detects a minor violation shall issue a notice to comply before
leaving the site at which the minor violation is alleged to have
occurred if the authorized representative finds that a notice to
comply is warranted.
(b) A person who receives a notice to comply pursuant to
subdivision (a) shall have the period specified in the notice to
comply from the date of receipt of the notice to comply in which to
achieve compliance with the requirement cited on the notice to
comply. Within five working days of achieving compliance, the person
who received the notice to comply shall sign the notice to comply,
and return it to the representative of the state board or regional
board, stating that the person has complied with the notice to
comply. A false statement that compliance has been achieved is a
violation of this division pursuant to subdivision (a) of Section
13268, Section 13385, or subdivision (e) of Section 13387.
(c) A single notice to comply shall be issued for all minor
violations cited during the same inspection and the notice to comply
shall separately list each cited minor violation and the manner in
which each minor violation may be brought into compliance.
(d) A notice to comply shall not be issued for any minor violation
that is corrected immediately in the presence of the inspector.
Immediate compliance in that manner may be noted in the inspection
report, but the person shall not be subject to any further action by
the representative of the state board or regional board.
(e) Except as otherwise provided in subdivision (g), a notice to
comply shall be the only means by which the representative of the
state board or regional board shall cite a minor violation. The
representative of the state board or regional board shall not take
any other enforcement action specified in this division against a
person who has received a notice to comply if the person is in
compliance with this section.
(f) If a person who receives a notice to comply pursuant to
subdivision (a) disagrees with one or more of the alleged violations
cited in the notice to comply, the person shall give written notice
of appeal to the state board or regional board.
(g) Notwithstanding any other provision of this section, if a
person fails to comply with a notice to comply within the prescribed
period, or if the state board or regional board determines that the
circumstances surrounding a particular minor violation are such that
immediate enforcement is warranted to prevent harm to the public
health or safety or to the environment, the state board or regional
board may take any needed enforcement action authorized by this
division.
(h) A notice to comply issued to a person pursuant to this section
shall contain a statement that the inspected facility may be subject
to reinspection at any time. Nothing in this section shall be
construed as preventing the reinspection of a facility to ensure
compliance or to ensure that minor violations cited in a notice to
comply have been corrected.
(i) Nothing in this section shall be construed as preventing the
state board or regional board, on a case-by-case basis, from
requiring a person subject to a notice to comply to submit reasonable
and necessary documentation to support a claim of compliance by the
person.
(j) Nothing in this section restricts the power of a city
attorney, district attorney, county counsel, or the Attorney General
to bring, in the name of the people of California, any criminal
proceeding otherwise authorized by law. Furthermore, nothing in this
section prevents the state board or regional board, or a
representative of the state board or regional board, from cooperating
with, or participating in, such a proceeding.
(k) Notwithstanding any other provision of this section, if the
state board or regional board determines that the circumstances
surrounding a particular minor violation are such that the assessment
of a civil penalty pursuant to this division is warranted or
required by federal law, in addition to issuance of a notice to
comply, the state board or regional board shall assess a civil
penalty in accordance with this division, if the state board or
regional board makes written findings that set forth the basis for
the determination of the state board or regional board.
13399.3. On or before January 1, 2000, the state board shall report
to the Legislature on actions taken by the state board and the
regional boards to implement this chapter and the results of that
implementation. Each regional board shall provide the state board
with the information that the state board requests to determine the
degree to which the purposes described in subdivision (a) of Section
13399 have been achieved.
13399. (a) The Legislature hereby finds and declares that the
purpose of this chapter is to establish an enforcement policy for
violations of this division that the enforcement agency finds are
minor when the danger they pose to, or the potential that they have
for endangering, human health, safety, or welfare or the environment
are taken into account.
(b) It is the intent of the Legislature in enacting this chapter
to provide a more resource-efficient enforcement mechanism, faster
compliance times, and the creation of a productive and cooperative
working relationship between the state board, the regional boards,
and the regulated community while maintaining protection of human
health and safety and the environment.
(c) This chapter applies solely to the actions of the state board
and the regional boards in administering this division and has no
application to the administrative enforcement actions of other public
agencies.
(d) The state board and each regional board shall implement this
chapter by determining the types of violations of this division, or
of the regulations, rules, standards, orders, permit conditions, or
other requirements adopted pursuant to this division that the state
board or the regional board finds are minor violations in accordance
with subdivisions (e) and (f). The state board shall implement this
chapter through adoption of regulations or state policy for water
quality control pursuant to Article 3 (commencing with Section 13140)
of Chapter 3.
(e) In determining the types of violations that are minor
violations, the state board or regional board shall consider all of
the following factors:
(1) The magnitude of the violation.
(2) The scope of the violation.
(3) The severity of the violation.
(4) The degree to which a violation puts human health, safety, or
welfare or the environment into jeopardy.
(5) The degree to which a violation could contribute to the
failure to accomplish an important goal or program objective as
established by this division.
(6) The degree to which a violation may make it difficult to
determine if the violator is in compliance with other requirements of
this division.
(f) For purposes of this chapter, a minor violation of this
division shall not include any of the following:
(1) Any knowing, willful, or intentional violation of this
division.
(2) Any violation of this division that enables the violator to
benefit economically from noncompliance, either by realizing reduced
costs or by gaining a competitive advantage.
(3) Any violation that is a chronic violation or that is committed
by a recalcitrant violator.
(g) In determining whether a violation is chronic or a violator is
recalcitrant, for purposes of paragraph (3) of subdivision (f), the
state board or regional board shall consider whether there is
evidence indicating that the violator has engaged in a pattern of
neglect or disregard with respect to the requirements of this
division or the requirements adopted pursuant to this division.
13399.1. For purposes of this chapter, "notice to comply" means a
written method of alleging a minor violation that is in compliance
with all of the following requirements:
(a) The notice to comply is written in the course of conducting an
inspection by an authorized representative of the state board or
regional board. If testing is required by the state board or regional
board to determine compliance, and the testing cannot be conducted
during the course of the inspection, the representative of the state
board or regional board shall have a reasonable period of time to
conduct the required testing. If, after the test results are
available, the representative of the state board or regional board
determines that the issuance of a notice to comply is warranted, the
representative shall immediately notify the facility owner or
operator in writing.
(b) A copy of the notice to comply is presented to a person who is
an owner, operator, employee, or representative of the facility
being inspected at the time that the notice to comply is written. If
offsite testing is required pursuant to subdivision (a), a copy of
the notice to comply may be mailed to the owner or operator of the
facility.
(c) The notice to comply clearly states the nature of the alleged
minor violation, a means by which compliance with the requirement
cited by the representative of the state board or regional board may
be achieved, and a time limit in which to comply, which shall not
exceed 30 days.
(d) The notice to comply shall contain the information specified
in subdivision (h) of Section 13399.2 with regard to the possible
reinspection of the facility.
13399.2. (a) An authorized representative of the state board or
regional board, who, in the course of conducting an inspection,
detects a minor violation shall issue a notice to comply before
leaving the site at which the minor violation is alleged to have
occurred if the authorized representative finds that a notice to
comply is warranted.
(b) A person who receives a notice to comply pursuant to
subdivision (a) shall have the period specified in the notice to
comply from the date of receipt of the notice to comply in which to
achieve compliance with the requirement cited on the notice to
comply. Within five working days of achieving compliance, the person
who received the notice to comply shall sign the notice to comply,
and return it to the representative of the state board or regional
board, stating that the person has complied with the notice to
comply. A false statement that compliance has been achieved is a
violation of this division pursuant to subdivision (a) of Section
13268, Section 13385, or subdivision (e) of Section 13387.
(c) A single notice to comply shall be issued for all minor
violations cited during the same inspection and the notice to comply
shall separately list each cited minor violation and the manner in
which each minor violation may be brought into compliance.
(d) A notice to comply shall not be issued for any minor violation
that is corrected immediately in the presence of the inspector.
Immediate compliance in that manner may be noted in the inspection
report, but the person shall not be subject to any further action by
the representative of the state board or regional board.
(e) Except as otherwise provided in subdivision (g), a notice to
comply shall be the only means by which the representative of the
state board or regional board shall cite a minor violation. The
representative of the state board or regional board shall not take
any other enforcement action specified in this division against a
person who has received a notice to comply if the person is in
compliance with this section.
(f) If a person who receives a notice to comply pursuant to
subdivision (a) disagrees with one or more of the alleged violations
cited in the notice to comply, the person shall give written notice
of appeal to the state board or regional board.
(g) Notwithstanding any other provision of this section, if a
person fails to comply with a notice to comply within the prescribed
period, or if the state board or regional board determines that the
circumstances surrounding a particular minor violation are such that
immediate enforcement is warranted to prevent harm to the public
health or safety or to the environment, the state board or regional
board may take any needed enforcement action authorized by this
division.
(h) A notice to comply issued to a person pursuant to this section
shall contain a statement that the inspected facility may be subject
to reinspection at any time. Nothing in this section shall be
construed as preventing the reinspection of a facility to ensure
compliance or to ensure that minor violations cited in a notice to
comply have been corrected.
(i) Nothing in this section shall be construed as preventing the
state board or regional board, on a case-by-case basis, from
requiring a person subject to a notice to comply to submit reasonable
and necessary documentation to support a claim of compliance by the
person.
(j) Nothing in this section restricts the power of a city
attorney, district attorney, county counsel, or the Attorney General
to bring, in the name of the people of California, any criminal
proceeding otherwise authorized by law. Furthermore, nothing in this
section prevents the state board or regional board, or a
representative of the state board or regional board, from cooperating
with, or participating in, such a proceeding.
(k) Notwithstanding any other provision of this section, if the
state board or regional board determines that the circumstances
surrounding a particular minor violation are such that the assessment
of a civil penalty pursuant to this division is warranted or
required by federal law, in addition to issuance of a notice to
comply, the state board or regional board shall assess a civil
penalty in accordance with this division, if the state board or
regional board makes written findings that set forth the basis for
the determination of the state board or regional board.
13399.3. On or before January 1, 2000, the state board shall report
to the Legislature on actions taken by the state board and the
regional boards to implement this chapter and the results of that
implementation. Each regional board shall provide the state board
with the information that the state board requests to determine the
degree to which the purposes described in subdivision (a) of Section
13399 have been achieved.
