reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.8 - Technical Memorandum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  technical memorandum shall be prepared for each dam system to document the
				  modeling used to develop inundation maps. The technical memorandum shall
				  include the following:
(1) Name and location
				  of the dam and critical appurtenant structures.
(2) Description of the dam, including the
				  materials and methods of construction and a description of each critical
				  appurtenant structure. Identify elevations of the crest, upstream, and
				  downstream toes. Provide a description of the outlet(s), including capacity.
				  Provide justification for appurtenances that are not considered critical
				  appurtenant structures by the dam owner.
(3) Reservoir storage capacity curve that
				  shows the relationship between reservoir elevation and volume from the base of
				  the reservoir to the dam crest. Elevation shall be specified as feet above
				  NAVD88.
(4) Brief summary of the
				  following:
(A) Modeled failure scenario(s)
				  for the dam system, including the scenario described in section
				  335.6(a)(5), if
				  applicable. For each failure scenario, include the breach hydrograph
				  immediately downstream of the dam or critical appurtenant structure in tabular
				  and graphical formats.
(B) Modeling
				  software:
1. Name
2. Reasons for its use
3. Version
4. Release date
(C) Modeling assumptions of the
				  meteorological loading condition, type of reservoir routing, downstream
				  roughness or other friction coefficients, and initial conditions of downstream
				  watercourses.
(D) Breach parameters
				  for each failure scenario submitted in tabular format. Provide an explanation
				  for breach parameter selection.
(E)
				  Type of terrain data used, including any modifications made to the
				  terrain.
(F) Any sensitivity
				  analyses of the model, including the model's response to changes made to the
				  roughness or other friction coefficients.
(G) Modifications made to stabilize the model
				  or accelerate its computational runtime, if applicable, and the effects such
				  modifications have on the modeled inundation results.
(H) Determination of the inundation boundary
				  per section
				  335.10(c).
(5) The signature, seal, and license number
				  of the California-licensed professional civil engineer responsible for
				  preparing the technical memorandum.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.10 - Inundation Maps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  inundation map shall be prepared for each failure scenario as described in
				  section 335.6. Inundation maps must
				  contain the following model outputs as rasters, contours, points, or
				  cross-sections at appropriate time and space intervals displayed over current
				  aerial imagery:
(1) Inundation
				  boundary,
(2) Flood wave arrival
				  time,
(3) Maximum depth,
				  and
(4) Maximum
				  velocity.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.12 - Reporting Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All submittals under section
					 335.14 shall utilize the following
					 standards and conventions, unless otherwise specifically indicated in this
					 article:
(a) Reservoir storage and
				  other water volumes shall be reported in acre-feet.
(b) Water flow rate shall be reported in
				  cubic feet per second.
(c) Velocity
				  shall be reported in feet per second.
(d) Depth shall be reported in
				  feet.
(e) Time shall be reported in
				  minutes, hours, or both.
(f)
				  Elevation shall be reported in feet above NAVD88.
(g) Geospatial files shall be projected in
				  NAD 1983 Teale (California) Albers projection, with the units specified in
				  feet, and verified by the engineer. The parameters of the projection are as
				  follows:
(1) False Easting: 0.0
(2) False Northing: -4000000.0
(3) Central Meridian: -120.0
(4) Standard Parallel 1: 34.0
(5) Standard Parallel 2: 40.5
(6) Latitude of Origin: 0.0
(7) Linear Unit: Foot_US
				  (0.3048006096012192)
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.14 - Submittals to the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  dam owner shall submit the following digital files for each failure scenario:
(1) A color PDF of each inundation
				  map.
(2) Geospatial files for the
				  inundation boundary, flood wave arrival time, maximum depth, and maximum
				  velocity, together with the projection information in Section
				  335.12(g). For
				  inundation maps developed using a two-dimensional hydraulic model, the file
				  format of the flood wave arrival time, maximum depth, and maximum velocity
				  shall be raster files.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.16 - Updates to Inundation Maps and Supporting Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  dam owner shall update all inundation map(s) at least every 10 years from the
				  map preparation date of the dam, and sooner under conditions that include, but
				  are not limited to, the following:
(1) Anytime
				  there is a significant change to the dam or critical appurtenant structure,
				  or
(2) Anytime there is a
				  significant change to downstream development or terrain.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.18 - Department Review and Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of a complete submittal pursuant to section
					 335.14, the department shall
					 evaluate it for consistency with the requirements of this article. The
					 department shall provide comments to the dam owner and an opportunity to
					 correct deficiencies and provide further explanation. The department may
					 approve inundation maps upon a demonstration of compliance with Water Code
					 sections
					 6160 and
					 6161 and
					 substantial compliance with this article. Substantial compliance means that the
					 submittals were made in a good faith attempt to conform to requirements in this
					 article and other applicable law, and the department determines that the
					 submittal is sufficient in view of the particular circumstances to fulfill the
					 purpose of the requirements. Upon approval of the inundation maps, the
					 department will provide written notification to the dam owner.
1. New
					 section filed 10-19-2017 as a deemed emergency pursuant to Water Code section
					 6162; operative
					 10-19-2017 (Register 2017, No. 42). A Certificate of Compliance must be
					 transmitted to OAL by 4-17-2018 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 4-16-2018 as a deemed emergency pursuant to Water Code section
					 6162; operative
					 4-18-2018 (Register 2018, No. 16). A Certificate of Compliance must be
					 transmitted to OAL by 7-17-2018 or emergency language will be repealed by
					 operation of law on the following day.
3. New section, including
					 amendments, refiled 7-12-2018 as an emergency pursuant to Water Code section
					 6162; operative
					 7-18-2018 (Register 2018, No. 28). A Certificate of Compliance must be
					 transmitted to OAL by 10-16-2018 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 7-12-2018 order, including amendment of section, transmitted to OAL
					 10-16-2018 and filed 11-29-2018; amendments effective 11-29-2018 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 48).
Note: Authority cited: Sections
						6078 and
						6162, Water
						Code. Reference: Section
						8589.5,
						Government Code; and Sections
						6161 and
						6431, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.20 - Inundation Map and Eap Requirements for New and Enlarged Dams

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following shall apply to new or enlarged dams and their
					 critical appurtenant structures that the department classifies as significant,
					 high, or extremely high hazard potential:
(a) Inundation maps and the submittals
				  required by section
				  335.14 shall be submitted before
				  department approval of any construction or enlargement application, pursuant to
				  section 310.
(b) A Certificate of Approval authorizing
				  storage to the elevation requested in the application shall not be issued until
				  the inundation map(s) are approved by the department pursuant to section
				  335.18 and the dam owner has
				  submitted an EAP pursuant to Government Code section
				  8589.5.
1. New
					 section filed 11-29-2018; operative 11-29-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 48). For prior history, see Register 2018, No. 29.
Note: Authority cited: Sections
						6078 and
						6162, Water
						Code. Reference: Sections
						6075,
						6160,
						6161,
						6202,
						6205,
						6206,
						6261,
						6355 and
						6357, Water
						Code; and Section
						8589.5,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337 - Purpose and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department is responsible for implementing California's
					 Dam Safety Program pursuant to the Water Code, Division 3, Part 1. In the event
					 of a violation of Water Code, Division 3, Part 1, implementing regulations, or
					 any department approvals, orders, or requirements issued under Water Code,
					 Division 3, Part 1, the department may initiate proceedings to obtain
					 compliance. With respect to enforcement actions to ensure compliance with Water
					 Code, Division 3, Part 1, Chapter 4, Article 6, the department will coordinate
					 with Cal OES. The regulations in this article specify the process for
					 administrative enforcement actions that the department may take to ensure
					 compliance with Water Code, Division 3, Part 1 and implementing regulations.
					 The process established in this article does not limit the department's ability
					 to issue directives or orders for dam safety remedial actions or emergency work
					 or to pursue judicial remedies.
1. New
					 article 7 (sections
					 337-337.32) and section filed
					 9-19-2022; operative 9-19-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6075,
						6077,
						6079,
						6100,
						6160,
						6161,
						6429,
						6431 and
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.4 - Notice of Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If DSOD determines that a dam owner has violated the Water
					 Code, Division 3, Part 1, implementing regulations, or any approval, order, or
					 requirement issued under Water Code, Division 3, Part 1 or implementing
					 regulations, then DSOD may issue a Notice of Violation to the dam owner. In
					 determining whether to issue a Notice of Violation, DSOD will consider the
					 nature of the violation, potential threat to life and property posed by the
					 violation, and the number of violations that would be included in a Notice of
					 Violation. The Notice of Violation shall: describe the activity or failure to
					 act that constitutes a violation and actions that the dam owner is required to
					 undertake to remedy the violation, provide the dam owner with the opportunity
					 to submit information to DSOD concerning the violation, and provide notice that
					 failure to take the required action(s) within the specified time period may
					 result in the issuance of an administrative complaint as described in section
					 337.8. If the dam owner has failed
					 to comply with a department order to prepare and submit an acceptable EAP in
					 accordance with Water Code, Division 3, Part 1, Chapter 4, Article 6, the
					 Notice of Violation shall include an estimated cost to prepare an EAP and
					 inundation map(s).
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6075,
						6077,
						6428,
						6429,
						6431 and
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.6 - Department Preparation of an Emergency Action Plan; Reimbursement by Dam Owner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a dam owner fails to comply with a department order to
					 prepare and submit an acceptable EAP in accordance with Water Code, Division 3,
					 Part 1, Chapter 4, Article 6 and as described in the Notice of Violation, the
					 department shall prepare an EAP, including inundation maps. The department
					 costs and expenses shall be recoverable by the state, including the department,
					 from the dam owner.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6431, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.8 - Administrative Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  DSOD determines that a dam owner has failed to correct the violations of Dam
				  Safety Program requirements as set forth in a Notice of Violation, DSOD may
				  issue an administrative complaint to the dam owner. In determining whether to
				  issue an administrative complaint, DSOD will consider the nature of the
				  violation, potential threat to life and property posed by the violation, and
				  the number of violations that would be included in an administrative complaint.
				  The administrative complaint may seek administrative civil penalties, reservoir
				  restrictions, property liens, fees, penalties and interest imposed by statute,
				  and any other actions that DSOD deems necessary to ensure compliance with Water
				  Code, Division 3, Part 1 and implementing regulations. The administrative
				  complaint shall also seek recovery of department costs to prepare an EAP,
				  including inundation maps.
(b) The
				  administrative complaint shall:
(1) Allege
				  the activity or failure to act that constitutes a violation of Water Code,
				  Division 3, Part 1, implementing regulations, or any approval, order, or
				  requirement issued under Water Code, Division 3, Part 1 or implementing
				  regulations.
(2) Include the
				  provision of law authorizing the administrative civil penalty, reservoir
				  restrictions, property liens, reimbursement of department costs to prepare EAPs
				  and inundation maps, fees, penalties and interest imposed by statute, or other
				  actions proposed to ensure compliance with Water Code, Division 3, Part 1 and
				  implementing regulations.
(3) State
				  the amount of any administrative civil penalty proposed, reservoir restrictions
				  or property liens proposed, costs for which DSOD is seeking to recover, fees,
				  penalties, and interest imposed by statute, as applicable, and any other
				  actions proposed to ensure compliance with Water Code, Division 3, Part 1 and
				  implementing regulations.
(4) State
				  that the dam owner's failure to request a hearing in accordance with section
				  337.12, subsection (a),
				  constitutes a waiver of the right to a hearing.
(5) Inform the dam owner that any request for
				  hearing must be submitted to the department and designate the department office
				  where the request for hearing must be sent.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.10 - Assessment of Administrative Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  determining the amount of the proposed and assessed administrative civil
				  penalty authorized by Water Code section
				  6432, the
				  department shall take into consideration the following, to the extent they are
				  known to the department: the actual or potential harm to public safety,
				  including life and property; the extent of deviation from applicable dam safety
				  requirements; the amount of time over which the violation occurs; any prior
				  history of violations; any corrective action taken and cooperation by the dam
				  owner; the dam owner's culpability and ability to pay the penalty; and any
				  impacts to disadvantaged communities.
(b) Except as provided in subsection (c) of
				  this section, administrative civil penalties imposed pursuant to this article
				  shall be assessed following the procedures set forth in Article 7.1. The
				  penalty imposed for any violation in accordance with this article shall not
				  exceed the maximum penalty specified in statute, which is currently expressed
				  as a daily maximum per violation.
(c) Penalties set by statute will not be
				  assessed by the procedures set forth in Article 7.1.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.11 - Reservoir Restrictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  determining the extent of the reservoir restrictions to be imposed pursuant to
				  this article, the department shall consider the level of reservoir restrictions
				  that will, as determined by the department, provide reasonable incentive for
				  the dam owner to comply with the Dam Safety Program requirement or requirements
				  that form the basis or bases of the reservoir restrictions, based upon
				  particular facts and circumstances regarding the dam, the reservoir, and the
				  dam owner.
(b) Administrative
				  complaints issued by DSOD that propose reservoir restrictions and decisions
				  issued by the department that impose reservoir restrictions shall include
				  findings that identify relevant facts and circumstances and analyze the
				  criteria in subsection (a).
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6429, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.12 - Request for Hearing; Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the dam owner chooses to contest an administrative complaint, the dam owner
				  must submit a written request for a hearing to the department within thirty
				  (30) calendar days of the date that DSOD served the administrative complaint.
				  The request for hearing must be sent to the designated department office, as
				  identified in the administrative complaint. The request must include a
				  statement of defense, which shall include at a minimum: a summary of any legal
				  and factual basis or bases for challenging the administrative complaint,
				  including the underlying factual allegations and violations, and, as
				  applicable, the amount of any administrative civil penalty, costs, and fees,
				  penalties and interest imposed by statute, reservoir restrictions, and any
				  other relief sought in the administrative complaint.
(b) If the dam owner fails to submit a
				  written request for a hearing as prescribed in subsection (a), any right to a
				  hearing will be deemed waived and the department will be authorized to issue a
				  final decision that orders the imposition of the administrative civil
				  penalties, reservoir restrictions, property liens, recovery of costs to prepare
				  an EAP, including inundation maps, fees, penalties and interest imposed by
				  statute, and other actions proposed in the administrative complaint to ensure
				  compliance with Water Code, Division 3, Part 1. The deadline to submit the
				  request shall be extended for at least thirty (30) calendar days for good cause
				  upon a written request from the dam owner or on the department's own motion,
				  and any extensions granted by the department must be in writing.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6428,
						6429,
						6431 and
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.14 - Presiding Officer; Hearing Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  the case where the dam owner requests a hearing, the department shall schedule
				  the hearing before a presiding officer who shall exercise all powers relating
				  to the conduct of the hearing.
(b)
				  The department may designate an ALJ from OAH to serve as a presiding officer
				  under this section. Or, the department may designate an impartial person within
				  the department to serve as a presiding officer under this section, but the
				  presiding officer, and any advisors to the presiding officer, shall not be the
				  same department person who issued the Notice of Violation or administrative
				  complaint and shall not have served as an investigator, prosecutor, or advocate
				  in any stage of the enforcement proceeding.
(c) In the cases where the department
				  designates an ALJ from OAH to serve as the presiding officer, the hearing shall
				  be conducted and the decision shall be issued in accordance with Chapter 4.5
				  (commencing with section
				  11400) and Chapter 5 (commencing
				  with section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code. In accordance with Government Code section
				  11445.20,
				  subdivision (c), the department may designate these cases for an informal
				  hearing under Article 10 of Chapter 4.5 of Part 1 of Division 3 of Title 2 of
				  the Government Code (commencing with Government Code section
				  11445.10).
				  When determining whether to designate a case for informal hearing, the
				  department shall consider the significance and complexity of any issues in
				  dispute and the need to create an administrative record. Any proposed and final
				  decisions issued after a hearing authorized by this subsection may include any
				  of the orders authorized by section
				  337.28, subsections
				  (a)(1)--(a)(6).
(d) In cases where
				  the department designates a person other than an ALJ from OAH, the requirements
				  in sections
				  337.16 through
				  337.28 apply to the procedures by
				  which the department conducts a hearing, except that the presiding officer may
				  waive or modify the requirements for good cause.
(e) The designation of the presiding officer
				  and any waiver or modifications of hearing procedures or requirements
				  authorized under subsection (d) shall be made in full consideration of the
				  requirements of due process and fundamental fairness to the parties.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6428,
						6429,
						6431 and
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.16 - Notice of Hearing (Non-OAH Cases)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  cases where a department official serves as the presiding officer, the
				  department shall schedule a hearing and provide notice to the dam owner as set
				  forth in this section. Hearings will be conducted in Sacramento, unless the dam
				  owner provides the presiding officer good cause, in writing, to schedule the
				  hearing at an alternate location in California or to schedule a virtual
				  hearing. The presiding officer may decide, for good cause, to schedule the
				  hearing at a location other than Sacramento or to conduct a virtual
				  hearing.
(b) The department shall
				  serve a notice of hearing to the dam owner at least thirty (30) calendar days
				  prior to the hearing, except as provided in subsection (c).
(c) If the department determines that the
				  provision of a 30-day notice poses an unreasonable risk to public safety or
				  welfare, the department may provide a shorter notice period, but in all cases
				  the original notice of hearing must provide a minimum of ten (10) calendar
				  days' notice prior to the hearing.
(d) The notice of hearing shall include the
				  following:
(1) The date, time, and place at
				  which the hearing will be held.
(2)
				  A statement that the hearing will be governed by this article.
(3) A statement that if the dam owner does
				  not proficiently speak or understand English, the dam owner may request
				  language assistance by contacting the department within a reasonable amount of
				  time prior to the hearing to allow appropriate arrangements to be made. For
				  notices issued under subsection (b), the dam owner must make the request for
				  assistance at least fifteen (15) calendar days before the hearing, and for
				  notices issued under subsection (c), the dam owner must make the request for
				  assistance at least five (5) calendar days before the hearing. The presiding
				  officer may direct the department or the dam owner to pay for the costs of the
				  interpreter. The presiding officer's decision to direct payment shall be based
				  upon an equitable consideration of all the circumstances in each case, such as
				  the ability of the dam owner to pay for the costs of the interpreter.
(4) A copy of the administrative
				  complaint.
(5) A statement
				  regarding whether the pre-submittal of materials will be required, as described
				  in section
				  337.20, subsection (b), and if so,
				  a description of the pre-submittal requirements.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.18 - Continuance of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  presiding officer may, for good cause, on their own motion or upon the request
				  of any party, continue the hearing to another date, in accordance with the
				  following.
(1) The request for a continuance
				  shall be made in writing and shall include the name of the dam and dam owner,
				  and the date, time, and place of the scheduled hearing.
(2) The presiding officer must receive the
				  request no less than seven (7) calendar days prior to the scheduled date of the
				  hearing. The presiding officer may ask other parties for comments on the
				  request for a continuance and provide a reasonable period of time within which
				  to submit comments.
(3) The request
				  shall identify any previous requests to continue the matter and shall contain a
				  statement of all facts the party contends constitute good cause to continue the
				  matter. The presiding officer has the discretion to waive the requirement for a
				  written request or consider a written request submitted after the time period
				  prescribed in subsection (a)(2) upon a showing of additional good
				  cause.
(4) When a continuance is
				  ordered, the presiding officer shall give written notice to all parties of the
				  time and place of the continued hearing.
(5) If the presiding officer continues the
				  hearing, the presiding officer shall provide notice to the parties at least
				  three (3) calendar days before the scheduled hearing, unless providing that
				  notice is infeasible because the presiding officer waived the seven (7)
				  calendar day time period specified in subsection (a)(2) in accordance with
				  subsection (a)(3).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.20 - Conduct of Evidentiary Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Hearings shall be conducted in a manner deemed most suitable to ensure
				  fundamental fairness to all parties concerned, and with a view toward securing
				  all relevant information and material necessary to render a decision without
				  unnecessary delay.
(b) Parties may
				  be required to submit written materials before the hearing, and shall be
				  provided with a reasonable period of time to do so. Any pre-submittal
				  requirements, including those described in subsections (b)(1)--(b)(5), shall be
				  included in the hearing notice issued by the department.
(1) The hearing notice shall require that all
				  parties intending to present evidence at a hearing shall submit the following
				  information to the department prior to the hearing: the name of each witness
				  whom the party intends to call at the hearing, the subject of each witness's
				  proposed testimony, the estimated time required by the witness to present
				  direct testimony, and if an expert witness is called, the qualifications of
				  each expert witness. The required information shall be submitted to the
				  department and to other parties designated by the department in accordance with
				  the procedure specified in the hearing notice.
(2) The hearing notice may require that
				  direct testimony be submitted in writing prior to the hearing. Copies of
				  written testimony and exhibits shall be submitted to the department and to
				  other parties designated by the department in accordance with provisions of the
				  hearing notice or other written instructions provided by the department. The
				  hearing notice may require multiple copies of written testimony and other
				  exhibits for use by the department.
(3) Any witness providing written testimony
				  shall appear at the hearing and affirm that the written testimony is true and
				  correct. Written testimony shall not be read into the record unless allowed by
				  the presiding officer.
(4) Where
				  any of the provisions of this section have not been complied with, the
				  presiding officer may refuse to admit the proposed testimony or the proposed
				  exhibit into evidence, and shall refuse to do so where there is a showing of
				  prejudice to any party. This rule may be modified where a party demonstrates
				  that compliance would create severe hardship.
(5) Rebuttal testimony generally will not be
				  required to be submitted in writing, nor will rebuttal testimony and exhibits
				  be required to be submitted prior to the start of the
				  hearing.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.22 - Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Whenever DSOD or the department is required to serve documents on a dam owner
				  under the provisions of this article, the dam owner shall be served by using at
				  least one of the following methods:
(1)
				  First-class mail, registered mail or certified mail through the United States
				  Postal Service, or through a mail or parcel delivery service. Where service is
				  made by mail, the proof of service shall show the date and place of deposit in
				  the mail, the name and address of the person served as shown on the mailing
				  envelope and that the envelope was sealed and deposited in the mail with the
				  postage fully prepaid.
(2)
				  Electronic mail if the dam owner agrees in writing to service of the notice by
				  electronic mail.
(3) Personal
				  service.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.24 - Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parties may reach a settlement at any time before an
					 order becomes final. Upon submission of a settlement agreement signed by all
					 the parties, the department or the presiding officer, if a hearing was
					 requested, shall issue an order including the terms of the settlement
					 agreement.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6428,
						6429,
						6431 and
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.26 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  While the proceeding is pending, there shall be no communication, direct or
				  indirect, regarding any issue in the proceeding, to the presiding officer or
				  persons advising the presiding officer from the parties or from any interested
				  person outside the department, without notice and opportunity for all parties
				  to participate in the communication. Nothing in this section precludes a
				  communication, including a communication from an employee or representative of
				  the department, made on the record at the hearing. For the purpose of this
				  section, a proceeding is "pending" from the issuance of the department's notice
				  of hearing.
(b) A communication
				  otherwise prohibited by this section is permissible when:
(1) The communication is required for
				  disposition of an ex parte matter specifically authorized by statute or
				  concerns a matter of procedure or practice, including a request for a
				  continuance that is not in controversy; or
(2) The communication is for the purpose of
				  assistance and advice to the presiding officer from a person, including
				  department staff, who has not served as investigator, prosecutor, or advocate
				  in the hearing or its prehearing stage.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.28 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within one hundred-eighty (180) calendar days of the conclusion of the hearing,
				  the presiding officer shall issue a written decision based on evidence in the
				  record. The decision shall include the presiding officer's findings of fact and
				  conclusions, and may provide and order any of the following:
(1) With respect to administrative civil
				  penalties, the decision may concur with the administrative civil penalty
				  proposed in the administrative complaint, modify the amount of the
				  administrative civil penalty, or refuse to impose an administrative civil
				  penalty.
(2) With respect to
				  reservoir restrictions, the decision may concur with the restriction proposed
				  in the administrative complaint, modify the restriction proposed in the
				  administrative complaint, or refuse to impose a reservoir
				  restriction.
(3) Order the dam
				  owner to reimburse the department for the costs of preparing an EAP, including
				  inundation maps.
(4) Authorize the
				  imposition of property liens on land owned by dam owner.
(5) Order that the dam owner pay fees or
				  penalties and interest imposed by statute.
(6) Order any other appropriate action
				  authorized under Water Code, Division 3, Part 1 that will ensure compliance
				  with Water Code, Division 3, Part 1 and implementing
				  regulations.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.30 - Payment of Penalties, Fees, Interest, and Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An administrative civil penalty, fees, penalties and
					 interest imposed by statute, and costs imposed on the dam owner under this
					 article shall be due and payable to the department within sixty (60) calendar
					 days after a final order has been served. All monetary sums recovered shall be
					 deposited into the Dam Safety Fund established by Water Code section
					 6308.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6308,
						6428,
						6431 and
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.32 - Property Liens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department will, as necessary, levy property liens on an owner who violates any
				  provision of Water Code, Division 3, Part 1, implementing regulations, or any
				  department approvals, orders, or requirements issued under Water Code, Division
				  3, Part 1 or implementing regulations. If the department decides to levy
				  property liens, the department shall record a lien with the appropriate county
				  recorder to recover all penalties imposed, fees, interest, and costs charged to
				  the owner under this article, including the following:
(1) Administrative civil penalties.
(2) Fees, interest, and penalties, as
				  required by statute.
(3) Cost of
				  preparing an EAP and inundation maps.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.50 - Applicability; Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This article applies to the assessment of administrative civil penalties in
				  administrative enforcement actions pursued or orders issued pursuant to
				  California Code of Regulations, Title 23, Division 2, Article 7 and Water Code,
				  Division 3, Part 1. This article does not apply to administrative civil
				  penalties that are part of the settlement of any enforcement action. In this
				  article, references to "department" include DSOD and the presiding
				  officer.
(b) The purpose of this
				  article is to promote and facilitate the fair and consistent assessment of
				  administrative civil penalties for violations of Water Code, Division 3, Part
				  1, implementing regulations, or any department approvals, orders, or
				  requirements issued under Water Code, Division 3, Part 1 or implementing
				  regulations. The calculation methodology contained in this article implements
				  the department policy requiring that administrative civil penalties:
(1) Bear a reasonable relationship to the
				  gravity of the violation and the harm or potential harm to public
				  safety.
(2) Deter the specific
				  violator from committing additional violations.
(3) Deter other dam owners within the
				  regulated community from committing the same or similar violations.
(4) Eliminate any economic advantage obtained
				  from non-compliance.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.52 - Penalty Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Administrative civil penalties assessed in administrative
					 enforcement orders issued pursuant to California Code of Regulations, Title 23,
					 Division 2, Article 7 and Water Code, Division 3, Part 1 shall be assessed
					 following the procedures set forth in this article. The penalty assessed for
					 any violation in accordance with this article shall not exceed the maximum
					 penalty authorized by statute. All penalty calculations in this article shall
					 be rounded to the nearest whole dollar.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.54 - Daily Initial Penalty for Each Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall determine a daily initial penalty for each violation,
				  considering actual or potential harm and the extent of deviation from the
				  requirements in Water Code, Division 3, Part 1 and implementing regulations, or
				  any approval, order or requirement issued thereunder and shall use Table 1 set
				  forth in this section to determine the daily initial penalty for each
				  violation.
(b) Determination of
				  Harm of the Violation.
(1) The department
				  shall consider actual or potential harm to public safety, including life and
				  property.
(2) When determining the
				  degree of harm, the department shall consider the following:
(A) The dam's downstream hazard potential as
				  determined under California Code of Regulations, Title 23, section
				  335.4.
(B) For determining the potential for harm,
				  the department shall consider the likelihood that the violation could lead to
				  the failure of the dam or its appurtenant structures, including violations that
				  cause misoperation of the dam that could pose a safety risk.
(C) Whether the dam has, or does not have, an
				  EAP approved by Cal OES.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.56 - Daily Base Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After determining the daily initial penalty, the department shall adjust the
				  daily initial penalty based on the violator's intent in committing the
				  violation using the adjustment factors in Table 2 to determine the daily base
				  penalty. The daily base penalty is the daily initial penalty multiplied by the
				  adjustment factor for the violator's intent in Table 2.
(b) Adjustment of the daily initial penalty
				  in accordance with subsection (a) may result in a daily base penalty that is
				  higher or lower than the daily initial penalty derived in accordance with
				  section 337.54.
Table 2: Adjustment Factors for Violator's Intent
Circumstance
Adjustment Factor
Violation was completely beyond the control of the
							 violator
0.1 to 0.5
Violation occurred despite good faith efforts to
							 comply
0.5 to 1.0
Violation indicated neither good faith efforts nor
							 intentional failure to comply
No Adjustment
Violation was a result of intentional failure to
							 comply
1.5 to 2.0
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.58 - Multiple Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  the discretion of the department, a single daily base penalty may be assessed
				  for multiple violations. Multiple violations subject to this section are
				  multiple instances of the same violation, where each instance is a violation in
				  itself.
(b) The assessment of a
				  single daily base penalty shall be available for multiple violations in the
				  following cases:
(1) The violation occurs on
				  separate occasions unless the dam owner has been notified of the violation and
				  has had sufficient time to correct the violation.
(2) When violations are not independent. For
				  such violations, the department shall consider the violation that the
				  department deems to be the greatest risk to life and property.
(3) A single act or failure to act that
				  violates the same requirement in different applicable approvals, certifications
				  or authorizations.