California Health and Safety Code 116577 – (a) Each person shall reimburse the state board for actual …
(a) Each person shall reimburse the state board for actual costs incurred by the state board for any of the following enforcement activities related to that person:
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
Terms Used In California Health and Safety Code 116577
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local primacy agency: means a local health officer that has applied for and received primacy delegation pursuant to Section 116330. See California Health and Safety Code 116275
- Person: means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution, including the United States to the extent authorized by federal law. See California Health and Safety Code 116275
- Public water system: means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. See California Health and Safety Code 116275
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- State board: means the State Water Resources Control Board. See California Health and Safety Code 116275
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The state board shall submit an invoice for these enforcement costs to the person that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system or other person shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section.
(d) “Enforcement costs,” as used in this section, does not include “litigation costs” pursuant to Section 116585.
(e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error.
(f) Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(g) The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty.
(Amended by Stats. 2023, Ch. 810, Sec. 2. (AB 664) Effective January 1, 2024.)