SECTIONS 13365 - California Statutes

WATER CODE

SECTION 13365

13365. (a) (1) For purposes of this article, unless the context
otherwise requires, "agency" means the state board or a regional
board.
(2) The terms used in this article shall have the same meaning as
the definitions specified in the statutory authority under which the
agency takes any action subject to this article, except that,
notwithstanding Section 25317 of the Health and Safety Code, for
purposes of this article, "hazardous substance" includes a hazardous
substance specified in subdivision (h) of Section 25281 of the Health
and Safety Code.
(b) On or before July 1, 1997, the agency shall adopt a billing
system for the agency's cost recovery of investigation, analysis,
planning, implementation, oversight, or other activity related to the
removal or remedial or corrective action of a release of a hazardous
substance that includes both of the following:
(1) Billing rates and overhead rates by employee job
classification.
(2) Standardized description of work tasks.
(c) Notwithstanding any other provision of law, after July 1,
1997, any charge imposed upon a responsible party by the agency, to
compensate the agency for some, or all, of its costs incurred in
connection with the agency's investigation, analysis, planning,
implementation, oversight, or other activity related to a removal or
remedial action or a corrective action to a release of a hazardous
substance, shall not be assessed or collected unless all of the
following requirements are met:
(1) Except as provided in subdivision (f), prior to commencing the
work or service for which the charge is assessed, and at least
annually thereafter if the work or service is continuing, the agency
shall provide all of the following information to the responsible
party:
(A) A detailed estimate of the work to be performed or services to
be provided, including a statement of the expected outcome of that
work, based upon data available to the agency at the time.
(B) The billing rates for all individuals and classes of employees
expected to engage in the work or service.
(C) An estimate of all expected charges to be billed to the
responsible party by the agency, including, but not limited to, any
overhead assessments that the agency may be authorized to levy.
(2) (A) Invoices shall be issued not less than semiannually with
appropriate incentives for prompt payment.
(B) Invoices shall be mailed to the correct person or persons for
the responsible party or parties.
(C) Invoices shall provide a daily detail of work performed and
time spent by each employee and contractor employee using the billing
and overhead rates and the standardized description of work tasks
adopted pursuant to subdivision (b).
(D) Invoices shall include the source and amount of all other
charges.
(E) Invoices shall be supplemented with statements of any changes
in rates and a justification for any changes.
(F) Invoices shall be reviewed for accuracy and appropriateness.
(3) Upon request and within a reasonable time, not to exceed 30
working days from the date of receipt of a request, the agency shall
provide the responsible party with copies of time records and other
materials supporting the invoice described in paragraph (2). No fees
or charges may be assessed for the preparation and delivery of those
copies pursuant to this section.
(4) The agency shall identify a party who is responsible for
resolving disputes regarding the charges subject to this section and
who is not responsible for, or performing, the work or service for
which the charges are assessed.
(d) The agency may adjust the scope of the work or service, type
of studies, or other tasks to be performed, based upon analyses
necessary to accommodate new information regarding the extent of
contamination of the site, and only after providing written notice of
the change to the responsible party containing the information
specified in paragraph (1) of subdivision (c).
(e) The agency may increase billing rates not more than once each
calendar year, to the extent authorized by law. Any increase in
billing rates or other charges, including, but not limited to,
overhead charges, shall operate prospectively only, and shall take
effect not sooner than 10 days from the date that written notice has
been provided to the responsible party.
(f) (1) Paragraph (1) of subdivision (c) shall not apply when a
situation exists that requires prompt action to protect human health
or safety or the environment.
(2) Paragraph (1) of subdivision (c) does not apply with respect
to those responsible parties who are not identified until after the
beginning of a removal or remedial action or corrective action to a
release of a hazardous substance.