BlackletterCalifornia law

CHAPTER 5. Enforcement and Implementation [13300. - 13365.]

Chapter 5 added by Stats. 1969, Ch. 482.

§§ 13300–13365 · 29 sections

  1. ARTICLE 1. Administrative Enforcement and Remedies §§ 13300–13308 · 14 sections
    • § 13300 Whenever a regional board finds that a discharge of waste is taking place or threatening to take place that violates or will violate requirements prescribed by…
    • § 13301 When a regional board finds that a discharge of waste is taking place, or threatening to take place, in violation of requirements or discharge prohibitions…
    • § 13301.1 The regional board shall render to persons against whom a cease and desist order is issued pursuant to Section 13301 all possible assistance in making…
    • § 13303 Cease and desist orders of the board shall become effective and final upon issuance thereof. Copies shall be served forthwith by personal service, certified…
    • § 13304 (a) A person who has discharged or discharges waste into the waters of this state in violation of any waste discharge requirement or other order or prohibition…
    • § 13304.1 (a) A groundwater cleanup system that commences operation on or after January 1, 2002, and that is required to obtain a discharge permit from the regional…
    • § 13304.2 (a) For purposes of this section, “brownfield site” means a real estate parcel or improvements located on the parcel, or both that parcel and the improvements,…
    • § 13305 (a) Upon determining that a condition of pollution or nuisance exists that has resulted from a nonoperating industrial or business location within its region,…
    • § 13306 A majority vote of the entire membership of a regional board shall be required to adopt, rescind, or modify any enforcement action authorized by Section 13301.
    • § 13307 (a) The state board and the Department of Toxic Substances Control shall concurrently establish policies and procedures consistent with this division that the…
    • § 13307.1 (a) The state board and the regional boards shall not consider cleanup or site closure proposals from the primary or active responsible discharger, issue a…
    • § 13307.5 (a) The regional board shall take all of the following actions when reviewing or approving a cleanup proposal from a primary or active responsible discharger…
    • § 13307.6 (a) In addition to the requirements of Section 13307.5, the regional board may develop and use any of the following procedures to disseminate information and…
    • § 13308 (a) If the regional board determines there is a threatened or continuing violation of any cleanup or abatement order, cease and desist order, or any order…
  2. ARTICLE 2. Administrative Review by the State Board §§ 13320–13321 · 2 sections
    • § 13320 (a) Within 30 days of any action or failure to act by a regional board under subdivision (c) of Section 13225, Article 4 (commencing with Section 13260) of…
    • § 13321 (a) (1) In the case of a review by the state board under Section 13320 or review by the state board of a decision or order issued under authority delegated to…
  3. ARTICLE 2.5. Administrative Civil Liability §§ 13323–13328 · 4 sections
    • § 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…
    • § 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…
    • § 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…
    • § 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…
  4. ARTICLE 3. Judicial Review and Enforcement §§ 13330–13331 · 2 sections
    • § 13330 (a) Not later than 30 days from the date of service of a copy of a decision or order issued by the state board under this division, other than a decision or…
    • § 13331 (a) Upon the failure of any person or persons to comply with any cease and desist order issued by a regional board or the state board, the Attorney General,…
  5. ARTICLE 4. Summary Judicial Abatement § 13340 · 1 section
    • § 13340 Whenever a regional board finds that a discharge of waste within its region is taking place or threatening to take place which does or will cause a condition…
  6. ARTICLE 5. Civil Monetary Remedies §§ 13350–13351 · 2 sections
    • § 13350 (a) A person who (1) violates a cease and desist order or cleanup and abatement order hereafter issued, reissued, or amended by a regional board or the state…
    • § 13351 In determining the amount of civil liability to be imposed pursuant to this chapter, the superior court shall take into consideration the nature, circumstance,…
  7. ARTICLE 6. General Provisions Relating to Enforcement and Review §§ 13360–13362 · 3 sections
    • § 13360 (a) No waste discharge requirement or other order of a regional board or the state board or decree of a court issued under this division shall specify the…
    • § 13361 (a) Every civil action brought under the provisions of this division at the request of a regional board or the state board shall be brought by the Attorney…
    • § 13362 (a) A publicly owned treatment works (POTW) with an approved pretreatment program may conduct inspections in accordance with the provisions of Sections… see note
  8. ARTICLE 7. Hazardous Substance Removal and Remedial Action Charges § 13365 · 1 section
    • § 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…