Mandatory minimum civil penalties.

(1) Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (state act) . The state act, with certain exceptions, imposes a mandatory minimum penalty of $3,000 for each serious waste discharge violation or for certain other described violations if those violations occur 4 or more times in any period of 6 consecutive months, as prescribed. Civil liability may be imposed administratively by the state board or a regional board or those boards may request the Attorney General to petition the superior court to impose the liability. This bill would prohibit the state board or a regional board from imposing a mandatory minimum penalty for a violation for which an action to impose liability is not requested or imposed by the state board or a regional board within 12 months of the state board or regional board receiving notice of the violation.