SECTIONS 116725-116751 - California Statutes

HEALTH AND SAFETY CODE

SECTION 116725-116751

116725. (a) Any person who knowingly makes any false statement or
representation in any application, record, report, or other document
submitted, maintained, or used for purposes of compliance with this
chapter, may be liable, as determined by the court, for a civil
penalty not to exceed five thousand dollars ($5,000) for each
separate violation or, for continuing violations, for each day that
violation continues.
(b) Any person who violates a citation schedule of compliance for
a primary drinking water standard or any order regarding a primary
drinking water standard or the requirement that a reliable and
adequate supply of pure, wholesome, healthful, and potable water be
provided may be liable, as determined by the court, for a civil
penalty not to exceed twenty-five thousand dollars ($25,000) for each
separate violation or, for continuing violations, for each day that
violation continues.
(c) Any person who violates any order, other than one specified in
subdivision (b), issued pursuant to this chapter may be liable, as
determined by the court, for a civil penalty not to exceed five
thousand dollars ($5,000) for each separate violation or, for
continuing violations, for each day that violation continues.
(d) Any person who operates a public water system without a permit
issued by the department pursuant to this chapter may be liable, as
determined by the court, for a civil penalty not to exceed
twenty-five thousand dollars ($25,000) for each separate violation
or, for continuing violations, for each day that violation continues.
(e) Each civil penalty imposed for any separate violation pursuant
to this section shall be separate and in addition to any other civil
penalty imposed pursuant to this section or any other provision of
law.

116730. (a) Any person who knowingly does any of the following acts
may, upon conviction, be punished by a fine of not more than
twenty-five thousand dollars ($25,000) for each day of violation, by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment:
(1) Makes any false statement or representation in any
application, record, report, or other document submitted, maintained,
or used for the purposes of compliance with this chapter.
(2) Has in his or her possession any record required to be
maintained pursuant to this chapter that has been altered or
concealed.
(3) Destroys, alters, or conceals any record required to be
maintained pursuant to this chapter.
(4) Withholds information regarding an imminent and substantial
danger to the public health or safety when the information has been
requested by the department in writing and is required to carry out
the department's responsibilities pursuant to this chapter in
response to an imminent and substantial danger.
(5) Violates an order issued by the department pursuant to this
chapter that has a substantial probability of presenting an imminent
danger to the health of persons.
(6) Operates a public water system without a permit issued by the
department pursuant to this chapter.
(b) A second or subsequent violation of subdivision (a) is
punishable by imprisonment in the state prison for 16, 20, or 24
months or imprisonment in a county jail for not more than one year,
by a fine of not less than two thousand dollars ($2,000) or more than
fifty thousand dollars ($50,000) per day of violation, or by both
that imprisonment and fine.

116735. (a) In order to carry out the purposes of this chapter, any
duly authorized representative of the department may, at any
reasonable hour of the day, do any of the following:
(1) Enter and inspect any public water system or any place where
the public water system records are stored, kept, or maintained.
(2) Inspect and copy any records, reports, test results, or other
information required to carry out this chapter.
(3) Set up and maintain monitoring equipment for purposes of
assessing compliance with this chapter.
(4) Obtain samples of the water supply.
(5) Photograph any portion of the system, any activity, or any
sample taken.
(b) The department shall inspect each public water system as
follows:
(1) A system with any surface water source with treatment shall be
inspected annually.
(2) A system with any groundwater source subject to treatment with
only groundwater sources shall be inspected biennially.
(3) A system with only groundwater sources not subject to
treatment shall be inspected every three years.
(c) Nothing in this section shall prohibit the department from
inspecting public water systems on a more frequent basis. An
opportunity shall be provided for a representative of the public
water system to accompany the representative of the department during
the inspection of the water system.
(d) It shall be a misdemeanor for any person to prevent, interfere
with, or attempt to impede in any way any duly authorized
representative of the department from undertaking the activities
authorized by subdivision (a).

116740. If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, the Attorney
General or the district attorney shall recover the amount for which
the person is liable in the superior court. In this action, the
validity and appropriateness of the final order imposing the civil
penalty shall not be subject to review.

116745. The remedies provided by this chapter are cumulative and
shall not be construed as restricting any remedy, provisional or
otherwise, provided by law for the benefit of any party, and no
judgment under this chapter shall preclude any party from obtaining
additional relief based upon the same facts.

116750. (a) Any person who tampers with a public water system is
guilty of a felony and shall be punished by imprisonment in the state
prison for three, four, or five years, subject to a fine not to
exceed thirty thousand dollars ($30,000), or both.
(b) Any person who tampers with or makes a threat to tamper with a
public water system is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years,
subject to a fine not to exceed twenty thousand dollars ($20,000), or
both.
(c) For purposes of this section, the term "tamper" means either
of the following:
(1) To introduce a contaminant into a public water system with the
intention of harming persons.
(2) To otherwise interfere with the operation of a public water
system with the intention of harming persons.

116751. The Department of Fish and Game may not introduce a poison
to a drinking water supply for purposes of fisheries management
unless the State Department of Health Services determines that the
activity will not have a permanent adverse impact on the quality of
the drinking water supply or wells connected to the drinking water
supply. In making this determination, the State Department of Health
Services shall evaluate the short- and long-term health effects of
the poison in drinking water, ensure that an alternative supply of
drinking water is provided to the users of the drinking water supply
while the activity takes place, and, in cooperation with the
Department of Fish and Game, develop and implement a monitoring
program to ensure that no detectable residuals of the poison,
breakdown products, and other components of the poison formulation
remain in the drinking water supply or adjoining wells after the
activity is completed.