Water quality: discharge requirements: mandatory minimum penalties.

Under existing law, the State Water Resources Control Board is designated as the state water pollution control agency for purposes of the Federal Water Pollution Control Act. Existing law also establishes nine regional water quality control boards to coordinate with the state board with respect to water quality control matters. Existing law requires the state board or the regional boards to issue waste discharge requirements and dredged or fill material permits in compliance with the Federal Water Pollution Control Act. Under existing law, any person who violates certain waste discharge requirements is civilly liable. Civil liability may be imposed administratively by the state board or a regional board. Alternatively a regional board may request the Attorney General to petition the superior court to impose civil liability. In addition, existing law requires that a mandatory minimum penalty of $3,000 be imposed for violations that meet the criteria of a "serious violation," as defined, or upon the occurrence of 4 violations within 6 consecutive months. Existing law provides that the mandatory minimum penalty provisions do not apply in certain circumstances. This bill would provide that the mandatory minimum penalty would not apply if that civil liability, either upon the request of a state board to the Attorney General or by the initiation of administration proceedings, is not imposed within 12 months of the board learning of the violations.