reglab/housing_qa huggingface dataset:
CA Water Code § 13308 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 1 - Administrative Enforcement and Remedies|Section 13308.

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 issued under Section 13267 or 13383, the regional board may issue an order establishing a time schedule and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule.(b) The amount of the civil penalty shall be based upon the amount reasonably necessary to achieve compliance, and may not include any amount intended to punish or redress previous violations. The amount of the penalty may not exceed ten thousand dollars ($10,000) for each day in which the violation occurs.(c) Any person who fails to achieve compliance in accordance with the schedule established in an order issued pursuant to subdivision (a) shall be liable civilly in an amount not to exceed the amount prescribed by the order. The regional board may impose the penalty administratively in accordance with Article 2.5 (commencing with Section 13323). If the regional board imposes the penalty in an amount less than the amount prescribed in the order issued pursuant to subdivision (a), the regional board shall make express findings setting forth the reasons for its action based on the specific factors required to be considered pursuant to Section 13327.(d) The state board may exercise the powers of a regional board under this section if the violation or threatened violation involves requirements prescribed by an order issued by the state board.(e) Funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account.(f) Civil liability may be imposed pursuant to this section only if civil liability is not imposed pursuant to Section 13261, 13265, 13268, 13350, or 13385.(Added by Stats. 1994, Ch. 45, Sec. 3. Effective January 1, 1995.)
CA Water Code § 13320 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 2 - Administrative Review by the State Board|Section 13320.

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 Chapter 4, Chapter 5 (commencing with Section 13300), Chapter 5.5 (commencing with Section 13370), Chapter 5.9 (commencing with Section 13399.25), or Chapter 7 (commencing with Section 13500), an aggrieved person may petition the state board to review that action or failure to act. In case of a failure to act, the 30-day period shall commence upon the refusal of the regional board to act, or 60 days after request has been made to the regional board to act. The state board may, on its own motion, at any time, review the regional board’s action or failure to act.(b) The evidence before the state board shall consist of the record before the regional board, and any other relevant evidence which, in the judgment of the state board, should be considered to effectuate and implement the policies of this division.(c) The state board may find that the action of the regional board, or the failure of the regional board to act, was appropriate and proper. Upon finding that the action of the regional board, or the failure of the regional board to act, was inappropriate or improper, the state board may direct that the appropriate action be taken by the regional board, refer the matter to another state agency having jurisdiction, take the appropriate action itself, or take any combination of those actions. In taking any action, the state board is vested with all the powers of the regional boards under this division.(d) If a waste discharge in one region affects the waters in another region and there is any disagreement between the regional boards involved as to the requirements that should be established, either regional board may submit the disagreement to the state board, which shall determine the applicable requirements.(e) If a petition for state board review of a regional board action on waste discharge requirements includes a request for a stay of the waste discharge requirements, the state board shall act on the requested stay portion of the petition within 60 days of accepting the petition. The board may order any stay to be in effect from the effective date of the waste discharge requirements.(Amended by Stats. 2010, Ch. 288, Sec. 30. (SB 1169) Effective January 1, 2011.)
CA Water Code § 13323 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 2.5 - Administrative Civil Liability|Section 13323.

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 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 or 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, 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. 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 or 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 upon the party served with the complaint and shall be provided to other persons who appeared at the hearing and requested a copy.(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.(Amended by Stats. 2006, Ch. 293, Sec. 4. Effective January 1, 2007.)
CA Water Code § 13326 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 2.5 - Administrative Civil Liability|Section 13326.

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 with Section 13350) and 6 (commencing with Section 13360) for the same act or failure to act.(Added by Stats. 1984, Ch. 1541, Sec. 4.)
CA Water Code § 13327 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 2.5 - Administrative Civil Liability|Section 13327.

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 consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require.(Amended by Stats. 2001, Ch. 869, Sec. 4.5. Effective January 1, 2002.)
CA Water Code § 13328 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 2.5 - Administrative Civil Liability|Section 13328.

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 civil liability or penalty was imposed, for a judgment to collect the civil liability or penalty. The application, which shall include a certified copy of the state board or regional board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.(Amended by Stats. 2002, Ch. 420, Sec. 8. Effective January 1, 2003.)
CA Water Code § 13331 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 3 - Judicial Review and Enforcement|Section 13331.

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, upon request of the board, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining such person or persons from continuing the discharge in violation of the cease and desist order.(b) The court shall issue an order directing defendants to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant such prohibitory or mandatory relief as may be warranted.(Amended by Stats. 1996, Ch. 659, Sec. 25. Effective January 1, 1997.)
CA Water Code § 13340 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 4 - Summary Judicial Abatement|Section 13340.

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 of pollution or nuisance, constituting an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the board, shall petition the superior court to enjoin such discharge. The court shall have jurisdiction to grant such prohibitory or mandatory injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, and permanent injunction.(Added by Stats. 1969, Ch. 482.)
CA Water Code § 13351 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 5 - Civil Monetary Remedies|Section 13351.

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, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.(Amended by Stats. 2001, Ch. 869, Sec. 6. Effective January 1, 2002.)
CA Water Code § 13360 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 6 - General Provisions Relating to Enforcement and Review|Section 13360.

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 design, location, type of construction, or particular manner in which compliance may be had with that requirement, order, or decree, and the person so ordered shall be permitted to comply with the order in any lawful manner. However, the restrictions of this section shall not apply to waste discharge requirements or orders or decrees with respect to any of the following:(1) Discharge of solid waste to disposal sites other than evaporation ponds from which there is no drainage or seepage which requires the installation of riprap, the construction of walls and dikes, the installation of surface and underground drainage facilities to prevent runoff from entering the disposal area or leakage to underground or surface waters, or other reasonable requirements to achieve the above or similar purposes.(2) Discharges of waste or fluid to an injection well, except any well which is regulated by the Division of Oil and Gas in the Department of Conservation pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code and Subpart F of Part 147 of Title 40 of the Code of Federal Regulations and is in compliance with that division and Subpart A (commencing with Section 146.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations.(b) If the court, in an action for an injunction brought under this division, finds that the enforcement of an injunction restraining the discharger from discharging waste would be impracticable, the court may issue any order reasonable under the circumstances requiring specific measures to be undertaken by the discharger to comply with the discharge requirements, order, or decree.(Amended by Stats. 1986, Ch. 1013, Sec. 9. Effective September 23, 1986.)
CA Water Code § 13361 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 6 - General Provisions Relating to Enforcement and Review|Section 13361.

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 General in the name of the people of the State of California and any of those actions relating to the same discharge may be joined or consolidated.(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located.(c) In any civil action brought pursuant to this division in which a regional board or the state board seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.(Amended by Stats. 2016, Ch. 523, Sec. 4. (AB 2446) Effective January 1, 2017.)
CA Water Code § 13362 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 6 - General Provisions Relating to Enforcement and Review|Section 13362.

13362.  A publicly owned treatment works (POTW) with an approved pretreatment program may conduct inspections in accordance with the provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40 of the Code of Federal Regulations and assess and collect civil penalties and civil administrative penalties in accordance with Sections 54740, 54740.5, and 54740.6 of the Government Code, with regard to all dischargers of industrial waste to the POTW.(Added by Stats. 1999, Ch. 92, Sec. 5. Effective January 1, 2000. See the prevailing Section 13362 added by Stats. 1999, Ch. 92, with the same substantive provisions.)
CA Water Code § 13362 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 5 - Enforcement and Implementation|ARTICLE 6 - General Provisions Relating to Enforcement and Review|Section 13362.

13362.  (a) A publicly owned treatment works (POTW) with an approved pretreatment program may conduct inspections in accordance with the provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40 of the Code of Federal Regulations and assess and collect civil penalties and civil administrative penalties in accordance with Sections 54740, 54740.5, and 54740.6 of the Government Code, with regard to all dischargers of industrial waste to the POTW.(b) This section prevails over Section 13362, as added to the Water Code by Assembly Bill 1104 of the 1999–2000 Regular Session.(Added by Stats. 1999, Ch. 93, Sec. 5. Effective January 1, 2000.)
CA Water Code § 13400 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 6 - State Financial Assistance|ARTICLE 1 - State Water Quality Control Fund|Section 13400.

13400.  As used in this chapter, unless otherwise apparent from the context:(a) “Facilities” means any of the following:(1) Facilities for the collection, treatment, or export of waste when necessary to prevent water pollution.(2) Facilities to recycle wastewater and to convey recycled water.(3) Facilities or devices to conserve water.(4) Any combination of the facilities described in paragraph (1), (2), or (3).(b) “Fund” means the State Water Quality Control Fund.(c) “Not-for-profit organization” means an organization operated on a not-for-profit basis, including, but not limited to, an association, cooperative, or private corporation that is a public water system, as defined in Section 116275 of the Health and Safety Code, that meets technical, managerial, and financial capacity criteria specified by the state board for public water systems, or that is subject to regulatory authority pursuant to this division.“Not-for-profit organization” includes only an organization that is either controlled by a local public body or bodies or has a broadly based ownership by, or membership of, people of the local community.(d) “Public agency” means any city, county, city and county, district, or other political subdivision of the state.(Amended by Stats. 2015, Ch. 673, Sec. 33. (AB 1531) Effective January 1, 2016.)
CA Water Code § 13401 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 6 - State Financial Assistance|ARTICLE 1 - State Water Quality Control Fund|Section 13401.

13401.  (a) The State Water Quality Control Fund is continued in existence. The following moneys in the fund are appropriated, without regard to fiscal years, for expenditure by the state board in making loans to public agencies in accordance with this chapter:(1) The balance of the original moneys deposited in the fund.(2) Any money repaid to the fund.(3) Any remaining balance of the money in the fund deposited therein after the specific appropriations for loans to the South Tahoe Public Utility District, the North Tahoe Public Utility District, the Tahoe City Public Utility District, the Truckee Sanitary District, and to any other governmental entity in the areas served by such districts have been made.(b) Notwithstanding subdivision (a), upon the order of the state board, the money in the State Water Quality Control Fund shall be transferred to the State Water Pollution Control Revolving Fund.(Amended by Stats. 1993, Ch. 775, Sec. 1. Effective January 1, 1994.)
CA Water Code § 13410 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 6 - State Financial Assistance|ARTICLE 2 - Loans to Local Agencies|Section 13410.

13410.  Applications for construction loans under this chapter shall include:(a) A description of the proposed facilities.(b) A statement of facts showing the necessity for the proposed facilities and showing that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency.(c) A proposed plan for repaying the loan.(d) Other information as required by the state board.(Added by Stats. 1969, Ch. 482.)
CA Water Code § 13411 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 6 - State Financial Assistance|ARTICLE 2 - Loans to Local Agencies|Section 13411.

13411.  Upon a determination by the state board, after consultation with the State Department of Health, that (a) the facilities proposed by an applicant are necessary to the health or welfare of the inhabitants of the state, (b) that the proposed facilities meet the needs of the applicant, (c) that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency, (d) that the proposed plan for repayment is feasible, (e) in the case of facilities proposed under Section 13400(c)(1) that such facilities are necessary to prevent water pollution, (f) in the case of facilities proposed under Section 13400(c)(2) that such facilities will produce recycled water and that the public agency has adopted a feasible program for use thereof, and (g) in the case of facilities proposed under Section 13400(c)(3) that such facilities are a cost effective means of conserving water, the state board, subject to approval by the Director of Finance, may loan to the applicant such sum as it determines is not otherwise available to the public agency to construct the proposed facilities.(Amended by Stats. 1995, Ch. 28, Sec. 23. Effective January 1, 1996.)
CA Water Code § 13412 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 6 - State Financial Assistance|ARTICLE 2 - Loans to Local Agencies|Section 13412.

13412.  No loan shall be made to a public agency unless it executes an agreement with the state board under which it agrees to repay the amount of the loan, with interest, within 25 years at 50 percent of the average interest rate paid by the state on general obligation bonds sold in the calendar year immediately preceding the year in which the loan agreement is executed.(Amended by Stats. 1986, Ch. 978, Sec. 1.)
CA Water Code § 13413 (2021)
2021 California Code|Water Code - WAT|DIVISION 7 - WATER QUALITY|CHAPTER 6 - State Financial Assistance|ARTICLE 2 - Loans to Local Agencies|Section 13413.

13413.  It is the policy of this state that, in making construction loans under this article, the state board should give special consideration to facilities proposed to be constructed by public agencies in areas in which further construction of buildings has been halted by order of the State Department of Health or a local health department, or both, or notice has been given that such an order is being considered; provided, however, that the public agencies designated in this section shall otherwise comply with and meet all requirements of other provisions of this chapter.(Amended by Stats. 1971, Ch. 1593.)