SECTIONS 116650-116675 - California Statutes

HEALTH AND SAFETY CODE

SECTION 116650-116675

116650. (a) If the department determines that a public water system
is in violation of this chapter or any regulation, permit, standard,
or order issued or adopted thereunder, the department may issue a
citation to the public water system. The citation shall be served
upon the public water system personally or by registered mail.
(b) Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the statutory provision, standard, order, or regulation alleged to
have been violated.
(c) For continuing violations, the citation shall fix the earliest
feasible time for elimination or correction of the condition
constituting the violation where appropriate. If the public water
system fails to correct a violation within the time specified in the
citation, the department may assess a civil penalty as specified in
subdivision (e).
(d) For a noncontinuing violation of primary drinking standards,
the department may assess in the citation a civil penalty as
specified in subdivision (e).
(e) Citations issued pursuant to this section shall be classified
according to the nature of the violation or the failure to comply.
The department shall specify the classification in the citation and
may assess civil penalties for each classification as follows:
(1) For violation of a primary drinking standard, an amount not to
exceed one thousand dollars ($1,000) per day for each day that the
violation occurred, including each day that the violation continues
beyond the date specified for correction in the citation or order.
(2) For failure to comply with any citation or order issued for
violation of a secondary drinking water standard that the director
determines may have a direct or immediate relationship to the welfare
of the users, an amount not to exceed one thousand dollars ($1,000)
for each day that the violation continues beyond the date specified
for correction in the citation or order.
(3) For failure to comply with any citation or order issued for
noncompliance with any department regulation or order, other than a
primary or secondary drinking water standard, an amount not to exceed
two hundred dollars ($200) per day for each day the violation
continues beyond the date specified for correction in the citation.

116655. (a) Whenever the department determines that any person has
violated or is violating this chapter, or any permit, regulation, or
standard issued or adopted pursuant to this chapter, the director may
issue an order doing any of the following:
(1) Directing compliance forthwith.
(2) Directing compliance in accordance with a time schedule set by
the department.
(3) Directing that appropriate preventive action be taken in the
case of a threatened violation.
(b) An order issued pursuant to this section may include, but
shall not be limited to, any or all of the following requirements:
(1) That the existing plant, works, or system be repaired,
altered, or added to.
(2) That purification or treatment works be installed.
(3) That the source of the water supply be changed.
(4) That no additional service connection be made to the system.
(5) That the water supply, the plant, or the system be monitored.
(6) That a report on the condition and operation of the plant,
works, system, or water supply be submitted to the department.

116660. (a) Any person who operates a public water system without
having an unrevoked permit to do so, may be enjoined from so doing by
any court of competent jurisdiction at the suit of the department.
(b) When the department determines that any person has engaged in
or is engaged in any act or practice that constitutes a violation of
this chapter, or any regulation, permit, standard, or order issued or
adopted thereunder, the department may bring an action in the
superior court for an order enjoining the practices or for an order
directing compliance.
(c) Upon a showing by the department of any violation set forth in
subdivision (b), the superior court shall enjoin the practices and
may do any of the following:
(1) Enforce a reasonable plan of compliance, including the
appointment of a competent person, to be approved by the department,
and paid by the operator of the public water system, who shall take
charge of and operate the system so as to secure compliance.
(2) Enjoin further service connections to the public water system.
(3) Afford any further relief that may be required to insure
compliance with this chapter.

116665. Whenever the department determines that any public water
system is unable or unwilling to adequately serve its users, has been
actually or effectively abandoned by its owners, or is unresponsive
to the rules or orders of the department, the department may petition
the superior court for the county within which the system has its
principal office or place of business for the appointment of a
receiver to assume possession of its property and to operate its
system upon such terms and conditions as the court shall prescribe.
The court may require, as a condition to the appointment of the
receiver, that a sufficient bond be given by the receiver and be
conditioned upon compliance with the orders of the court and the
department, and the protection of all property rights involved. The
court may provide, as a condition of its order, that the receiver
appointed pursuant to the order shall not be held personally liable
for any good faith, reasonable effort to assume possession of, and to
operate, the system in compliance with the order.

116670. Anything done, maintained, or suffered as a result of
failure to comply with any primary drinking water standard is a
public nuisance dangerous to health, and may be enjoined or summarily
abated in the manner provided by law. Every public officer or body
lawfully empowered to do so shall abate the nuisance immediately.

116675. Notwithstanding Sections 116340 and 116500, the department
shall, after adequate notification of the local health officer, take
action authorized by this chapter against a public water system under
the jurisdiction of the local health officer if any of the following
occur:
(a) The public water system has been in violation of any provision
of this chapter or the regulations adopted hereunder, including any
violation of compliance with drinking water standards or waterworks
standards, for a period of at least 90 days within the previous year.
(b) A contaminant is present in, or likely to enter, a public
water system and presents an imminent and substantial danger to the
health of the users of the system.