§ 13323. — 13323. (Amended by Stats. 2023, Ch. 158, Sec. 7.)

California § 13323.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 7.: DIVISION 7. WATER QUALITY
• Ch. 5.: CHAPTER 5. Enforcement and Implementation
• Art. 2.5.: ARTICLE 2.5. Administrative Civil Liability

Text

(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, 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, or by any method of physical delivery that provides a receipt, 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. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. 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, 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, or by any method of physical delivery that provides a receipt, upon the party served with the complaint and shall be provided to other persons who appeared at the hearing and requested a copy. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address.
(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.

Legislative History

Amended by Stats. 2023, Ch. 158, Sec. 7. (SB 756) Effective January 1, 2024.