Proposed Amendments

Proposed amendments to the Water Quality Enforcement Policy (Enforcement Policy) would clarify certain principles that are central to ensure a more transparent and consistent application of the statutory factors outlined in the California Water Code (Water Code) sections 13327 and 13385, subdivision (e) that the Water Boards must consider when assessing a civil liability. The amendments would also establish a template for procedures for evidentiary hearings to consider imposition of administrative civil liability, re-organize several sections to improve efficiency and flow, and add clarifications to a variety of provisions to enhance transparency to the Water Boards’ enforcement process and penalty methodology application. Non-substantive technical amendments would increase comprehensibility.