SECTIONS 13323-13328 - California Statutes

WATER CODE

SECTION 13323-13328

13323. (a) Any executive officer of a regional board may issue a
complaint to any person on whom administrative civil liability may be
imposed pursuant to this article. The complaint shall allege the act
or failure to act that constitutes a violation of law, the provision
of law authorizing civil liability to be imposed pursuant to this
article, and the proposed civil liability.
(b) The complaint shall be served by certified mail or in
accordance with Article 3 (commencing with Section 415.10) of, and
Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5
of Part 2 of the Code of Civil Procedure, and shall inform the party
so served that a hearing before the regional board shall be conducted
within 90 days after the party has been served. The person who has
been issued a complaint may waive the right to a hearing.
(c) In proceedings under this article for imposition of
administrative civil liability by the state board, the executive
director of the state board shall issue the complaint and any hearing
shall be before the state board, or before a member of the state
board in accordance with Section 183, and shall be conducted not
later than 90 days after the party has been served.
(d) Orders imposing administrative civil liability shall become
effective and final upon issuance thereof, and are not subject to
review by any court or agency except as provided by Sections 13320
and 13330. Payment shall be made not later than 30 days from the date
on which the order is issued. The time for payment is extended
during the period in which a person who is subject to an order seeks
review under Section 13320 or 13330. Copies of these orders shall be
served by certified mail or in accordance with Article 3 (commencing
with Section 415.10) of, and Article 4 (commencing with Section
416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil
Procedure upon the party served with the complaint and shall be
provided to other persons who appeared at the hearing and requested a
copy.
(e) Information relating to hearing waivers and the imposition of
administrative civil liability, as proposed to be imposed and as
finally imposed, under this section shall be made available to the
public by means of the Internet.

13326. No person shall be subject to both civil liability imposed
under this article and civil liability imposed by the superior court
under Articles 5 (commencing with Section 13350) and 6 (commencing
with Section 13360) for the same act or failure to act.

13327. In determining the amount of civil liability, the regional
board, and the state board upon review of any order pursuant to
Section 13320, shall take into consideration the nature,
circumstance, extent, and gravity of the violation or violations,
whether the discharge is susceptible to cleanup or abatement, the
degree of toxicity of the discharge, and, with respect to the
violator, the ability to pay, the effect on ability to continue in
business, any voluntary cleanup efforts undertaken, any prior history
of violations, the degree of culpability, economic benefit or
savings, if any, resulting from the violation, and other matters as
justice may require.

13328. After the time for judicial review under Section 13330 has
expired, the state board may apply to the clerk of the appropriate
court in the county in which the civil liability or penalty was
imposed, for a judgment to collect the civil liability or penalty.
The application, which shall include a certified copy of the state
board or regional board action, constitutes a sufficient showing to
warrant issuance of the judgment. The court clerk shall enter the
judgment immediately in conformity with the application. The judgment
so entered has the same force and effect as, and is subject to all
the provisions of law relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the court
in which it is entered.