SECTIONS 31145-31149 - California Statutes

WATER CODE

SECTION 31145-31149

31145. In addition to the other powers provided by law, the Stinson
Beach County Water District, Marin County, shall have all of the
following powers and shall promptly and effectively exercise such
powers as may be appropriate for improving water quality and supply,
reducing use of water, and preventing nuisance, pollution, waste, and
contamination of water:
(a) To carry on technical and other investigations, examinations,
or tests, of all kinds, make measurements, collect data, and make
analyses, studies, and inspections pertaining to the water supply,
use of water, water quality, nuisance, pollution, waste, and
contamination of water, both within and without the district,
including, but not limited to, such activities related to use of
public, combined, or private septic and septic tank disposal systems.
(b) To regulate, prohibit, or control the discharge of pollutants,
waste, or any other materials into the ground or surface waters of
the district or the contiguous seashores of the district by requiring
dischargers to obtain a permit from the district prior to any such
discharge and by prohibiting the discharge of pollutants, sewage,
septic drainage, or any other material which does or may cause a
nuisance into the ground or surface waters of the district or the
contiguous seashores of the district without a permit having first
been obtained from the district; to charge fees for the issuance and
periodic renewal of such permits in such amount as will defray all or
a portion of the costs of exercising the powers provided in this
article; to require all permittees to indemnify the district from any
and all damages, penalties, or other expenses imposed on or required
of the district by federal, state, regional, or local agencies due
to any discharge by such permittees into ground or surface waters of
the district or the contiguous seashores of the district; to require
as a condition of obtaining discharge permits from the district that
all such dischargers also obtain state and federal waste discharge
permits and any other permits required by federal, state, regional,
or local law.
(c) To adopt and enforce regulations within the incorporated and
unincorporated areas of the district, after holding a public hearing
on reasonable notice thereof, to control and enhance the quality of
the ground and surface waters of the district, to eliminate the
pollution, waste, and contamination of water flowing into, through,
or originating within water courses and impoundments, both natural
and artificial, within the district, to prevent contamination,
nuisance, pollution, or otherwise rendering unfit for beneficial use
the surface or ground water used or useful in the district, and to
expend such amounts as are necessary to exercise such powers from the
funds of the district.
(d) To increase, to improve the quality of, and to prevent the
waste or diminution of the water supply in, or unlawful exportation
of water from, the district; to obtain, retain, conserve, treat by
physical, chemical, or biological processes, or otherwise reclaim
sanitary, sewage, drainage, storm, flood, and other water for
beneficial use within the district or for storage, discharge, or
disposal in accordance with legally established water quality
specifications; and, whenever the board of directors shall find it to
be in the best interests of the district so to do, to sell such
water for agricultural, domestic, or other beneficial purposes within
or without the district upon such terms and conditions as may be
prescribed by the board.

31146. The district shall immediately do all such acts as are
reasonably necessary to secure compliance with any federal, state,
regional or local law, order, regulation or rule relating to water
pollution or the discharge of pollutants, waste or any other material
within the area of the district. For such purpose, any authorized
representative of the district, upon presentation of his credentials,
or, if necessary under the circumstances, after obtaining an
inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, shall have the
right of entry to any premises on which a water pollution, waste, or
contamination source, including, but not limited to, septic tanks, is
located for the purpose of inspecting such source, including
securing samples of discharges therefrom, or any records required to
be maintained in connection therewith by federal, state, or local
law, order, regulation, or rule.

31147. (a) Violation of any of the provisions of a district
regulation adopted pursuant to Section 31145 may be abated as a
public nuisance by the district, and the board may by regulation
establish a procedure for the abatement of such a nuisance and to
assess the cost of such abatement to the violator. If the violator
maintains the nuisance upon real property in which he has a fee title
interest, the assessment shall constitute a lien upon such real
property.
(b) The amount of any costs incurred by the district in abating
such a nuisance upon real property, shall be added to, and become
part of, the annual taxes next levied upon the real property subject
to abatement and shall constitute a lien upon that real property as
of the same time and in the same manner as does the tax lien securing
such annual taxes. All laws applicable to the levy, collection, and
enforcement of district taxes shall be applicable to such assessment,
except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value has been created and
attached thereon, prior to the date on which the first installment of
such taxes would become delinquent, then a lien which would
otherwise be imposed by this section shall not attach to such real
property and the delinquent and unpaid charges relating to such
property shall be transferred to the unsecured roll for collection.
Any amounts of such assessments collected are to be credited to the
funds of the district from which the costs of abatement were
expended.

31148. (a) The owner of any real property upon which is located a
sanitary sewage, septic, or septic tank disposal system, which system
is subject to abatement as a public nuisance by the district, may
request the district to replace or repair, as necessary, such system.
If replacement or repair is feasible, the board of directors, in its
sole discretion, may provide for the necessary replacement or repair
work.
(b) The person or persons employed by the board of directors to do
the work shall have a lien, subject to the provisions of subdivision
(b) of Section 31147, for work done and materials furnished, and the
work done and materials furnished shall be deemed to have been done
and furnished at the request of the owner. The district, in the
discretion of the board of directors, may pay all, or any part, of
the cost or price of the work done and materials furnished; and, to
the extent that the district pays the cost or price of the work done
and materials furnished, the district shall succeed to and have all
the rights, including, but not limited to, the lien, of such person
or persons employed to do the work against the real property and the
owner.
(c) As an alternative power to the enforcement of the lien
provided in subdivision (b), the board of directors may, by ordinance
adopted by two-thirds vote of the members, fix the costs of
replacement or repair; fix the times at which such costs shall become
due; provide prior to the replacement or repair for the payment of
the costs in installments over a period, not to exceed 15 years;
establish a rate of interest, not to exceed 8 percent per annum, to
be charged on the unpaid balance of the costs; and provide that the
amount of the costs and the interest shall constitute a lien, subject
to the provisions of subdivision (b) of Section 31147, against the
respective lots or parcels upon which the work is done.
(d) With the written consent of the owner and the lienholder, if
other than the district, the board of directors may issue an
improvement bond pursuant to the improvement bond provisions of the
Improvement Act of 1911 (Part 5 (commencing with Section 6400) of
Division 7 of the Streets and Highways Code), to represent and be
secured by the lien established pursuant to subdivision (b). The bond
may be delivered to the lienholder if other than the district or may
be sold by the board of directors at public or private sale. The
amount of the bond shall be the amount of the lien, including
incidental expenses allowable under the Improvement Act of 1911. The
bond term and interest rate shall be determined by the board of
directors within the limits established by the Improvement Act of
1911 and other applicable provisions of law.

31149. Any violation of a regulation of the district adopted
pursuant to Section 31145 is a misdemeanor punishable by a fine not
to exceed one thousand dollars ($1,000), or imprisonment not to
exceed 60 days, or by both such fine and imprisonment. Each day of
such a violation shall constitute a separate offense. Any violation
or threatened violation of a regulation of the district may also be
enjoined by civil suit.