1. (a) The civil liability described in subdivisions (b) or (c) may be imposed administratively in accordance with article 2.5 (commencing with section 13323) of chapter 5 of division 7 of the Water Code.

2. (b) The State Water Board may impose administrative civil liability in an amount not to exceed $100 for each day of violation upon:

   1. (1) any person who operates a wastewater treatment plant without holding a valid, unexpired certificate at the appropriate grade level as required by this chapter; or
   2. (2) any person who owns or operates a wastewater treatment plant that employs, or allows the employment of, any person as an operator who does not hold a valid, unexpired certificate of the appropriate grade level as required by this chapter.

3. (c) The State Water Board may impose administrative civil liability in an amount not to exceed $5,000 for each violation upon any person for any of the following acts:

   1. (1) employing fraud or deception in the course of operating a wastewater treatment plant;
   2. (2) failing to use reasonable care or judgment in the operation of a wastewater treatment plant;
   3. (3) willfully or negligently violating, or causing, or allowing the violation of waste discharge requirements;
   4. (4) submitting false or misleading information to the State Water Board on an application for a certificate; or
   5. (5) engaging in dishonest conduct during an examination.

Note: Authority cited: Sections 13627.1, 13627.2, and 13627.4, Water Code. Reference: Sections 13323, 13627.1, 13627.2 and 13627.4, Water Code.

History

1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).

2. Renumbering of former article 7 heading to article 9, including amendment of article heading and new placement prior to section 3709, and repealer and new section filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5).