SECTIONS 13440-13443 - California Statutes

WATER CODE

SECTION 13440-13443

13440. There is in the State Water Quality Control Fund the State
Water Pollution Cleanup and Abatement Account (hereinafter called the
"account"), to be administered by the state board.

13441. There is to be paid into the account all moneys from the
following sources:
(a) All moneys appropriated by the Legislature for the account.
(b) All moneys contributed to the account by any person and
accepted by the state board.
(c) One-half of all moneys collected by way of criminal penalty
and all moneys collected civilly under any proceeding brought
pursuant to any provison of this division.
(d) All moneys collected by the state board for the account under
Section 13304.
The first unencumbered five hundred thousand dollars ($500,000)
paid into the account in any given fiscal year is available without
regard to fiscal years, for expenditure by the state board in
accordance with the provisions of this article. The next unencumbered
five hundred thousand dollars ($500,000), or any portion thereof,
deposited in any given fiscal year, is available for expenditure by
the state board for the purposes of this article, subject to the
provisions set forth in Section 28 of the Budget Act of 1984 (Chapter
258 of the Statutes of 1984). The next unencumbered one million
dollars ($1,000,000) deposited in the account in any given fiscal
year is available for expenditure by the state board for the purposes
of Section 13443. The remaining unencumbered funds deposited in the
account in any given fiscal year is available without regard to
fiscal years to the state board for expenditure for the purposes set
forth in Section 13442.

13441.5. The State Treasurer, when requested by the state board and
approved by the Director of Finance, shall transfer moneys in the
nature of a loan from the State Water Quality Control Fund to the
account created pursuant to Section 13440, which shall be repayable
from the account to such fund; provided, that the moneys transferred
from the fund to the account shall not exceed the sum of twenty-five
thousand dollars ($25,000) at any one time.

13442. Upon application by a public agency with authority to clean
up a waste or abate the effects thereof, the state board may order
moneys to be paid from the account to the agency to assist it in
cleaning up the waste or abating its effects on waters of the state.
The agency shall not become liable to the state board for repayment
of those moneys, but this shall not be a defense to an action brought
pursuant to subdivision (c) of Section 13304 for the recovery of
moneys paid under this section.

13443. Upon application by a regional board that is attempting to
remedy a significant unforeseen water pollution problem, posing an
actual or potential public health threat, or is overseeing and
tracking the implementation of a supplemental environmental project
required as a condition of an order imposing administrative civil
liability, and for which the regional board does not have adequate
resources budgeted, the state board may order moneys to be paid from
the account to the regional board to assist it in responding to the
problem.