Loading (50 kb)...'

(continued) mstances, extent and
gravity of the violation, the violator's past and present efforts to
prevent, abate, or clean up conditions posing a threat to the public
health and safety of the environment, and the violator's ability to
pay the proposed civil penalty. After conducting any hearing
required under this section, the hearing officer shall, within 30
days after the case is submitted, issue a decision, including an
order setting the amount of civil penalty to be imposed.
(c) Orders setting civil liability issued pursuant to this section
shall become effective and final upon issuance, and payment shall be
made within 30 days of issuance. Copies of the orders shall be
served by personal service or by certified mail upon the party served
with the complaint and upon other persons who appeared at the
hearing and requested a copy.
(d) Within 30 days after service of a copy of a decision issued by
the hearing officer, any person so served may file with a court of
appeal a petition for writ of mandate for review of the decision.
Any person who fails to file the petition within the 30-day period
may not challenge the reasonableness or validity of a decision or
order of the hearing officer in any judicial proceedings brought to
enforce the decision or order or for other remedies. Except as
otherwise provided in this section, Section 1094.5 of the Code of
Civil Procedure shall govern any proceedings conducted pursuant to
this subdivision. In all proceedings pursuant to this subdivision,
the court shall uphold the decision of the hearing officer if the
decision is based upon substantial evidence in the whole record. The
filing of a petition for writ of mandate shall not stay any
corrective action required pursuant to this act or the accrual of any
penalties assessed pursuant to this act. This subdivision does not
prohibit the court from granting any appropriate relief within its
jurisdiction.
(e) Any order for administrative penalties entered pursuant to his
section shall be subject to interest at the legal rate from the
filing of the complaint as specified in subdivision (a). The
prevailing party shall be entitled to reasonable attorney's fees and
costs.


8670.68.1. After the time for review has expired for a violation
under this chapter or Division 36 (commencing with Section 71200) of
the Public Resources Code, the administrator may apply to the clerk
of the appropriate court for a judgment to collect the administrative
civil liability imposed in accordance with Section 8670.68. The
application, which shall include a certified copy of the
administrator's order setting liability, a hearing officer's decision
if any, or a settlement agreement if any, shall constitute a
sufficient showing to warrant issuance of the judgment. The court
clerk shall enter the judgment immediately in conformity with the
application. The judgment so entered has the same force and effect
as, and is subject to all the provisions of law relating to, a
judgment in a civil action, and may be enforced in the same manner as
any other judgment of the court in which it is entered.



8670.68.4. Any operator of a small craft refueling dock who fails
to register in compliance with subdivision (c) of Section 8670.36.1
shall be subject to a civil penalty in the amount of one hundred
dollars ($100). The administrator may levy the penalty
administratively.



8670.68.5. Twenty-five percent of any penalty collected under this
article shall be paid to the agency or office prosecuting the action.



8670.69. Actions on behalf of the state or any other public entity
to enforce Section 8670.61.5 through injunctive relief, declaratory
relief, and all costs of the action, may be brought by any person in
the public interest if both of the following occur:
(a) The action is commenced more than 60 days after the person has
given notice of the violation which is the subject of the action to
the Attorney General and the district attorney and city attorney in
whose jurisdiction the violation is alleged to occur and to the
alleged violator.
(b) No action has been commenced against the violation, or if
commenced, is not being diligently prosecuted by the Attorney
General, or any district attorney, city attorney or other prosecutor.

(c) This section applies to any actions brought with respect to
any violations which have occurred, continue to occur or threaten to
occur.



8670.69.4. (a) When the administrator determines that any person
has undertaken, or is threatening to undertake, any activity or
procedure that (1) requires a permit, certificate, approval, or
authorization under this chapter, without securing a permit, or (2)
is inconsistent with any of the permits, certificates, rules,
regulations, guidelines, or authorizations, previously issued or
adopted by the administrator, or (3) threatens to cause or
substantially increases the risk of unauthorized discharge of oil
into the marine waters of the state, the administrator may issue an
order requiring that person to cease and desist.
(b) Any cease and desist order issued by the administrator may be
subject to such terms and conditions as the administrator may
determine are necessary to ensure compliance with this division.
(c) Any cease and desist order issued by the administrator shall
become null and void 90 days after issuance.
(d) A cease and desist order issued by the administrator shall be
effective upon the issuance thereof, and copies shall be served
immediately by certified mail upon the person or governmental agency
being charged with the actual or threatened violation.
(e) Any cease and desist order issued by the administrator shall
be consistent with subdivision (a) of Section 8670.27.



8670.69.6. Within 30 days after service of a copy of a cease and
desist order issued by the administrator under Section 8670.69.4, any
aggrieved party may file with the superior court a petition for writ
of mandate for review thereof pursuant to Section 1094.5 of the Code
of Civil Procedure. Failure to file such an action shall not
preclude a party from challenging the reasonableness and validity of
an order of the administrator in any judicial proceeding brought to
enforce the order or for other civil remedies.

8670.70. The Environmental Enhancement Fund is hereby created in
the State Treasury. All penalties collected under Article 9
(commencing with Section 8670.57) shall be deposited into the
Environmental Enhancement Fund, except as specified in Section
8670.64. The money in the fund shall only be used for environmental
enhancement projects. The moneys shall not be used for the cleanup
of an oil spill or the restoration required after an oil spill. The
money is available for appropriation by the Legislature to the
administrator for the purposes stated in this section.




8670.71. (a) The administrator shall fund only those projects
approved by the Environmental Enhancement Committee.
(b) For the purposes of this article, an enhancement project is a
project that acquires habitat for preservation, or improves habitat
quality and ecosystem function above baseline conditions, and that
meets all of the following requirements:
(1) Is located within or immediately adjacent to California marine
waters, as defined in subdivision (i) of Section 8670.3.
(2) Has measurable outcomes within a predetermined timeframe.
(3) Is designed to acquire, restore, or improve habitat or restore
ecosystem function, or both, to benefit fish and wildlife.



8670.72. (a) The Environmental Enhancement Committee is hereby
created. The committee shall consist of the following members:
(1) The administrator.
(2) A public member, to be appointed by the administrator, who
shall be an officer or elected leader of a statewide nonprofit
organization whose primary purpose is the protection and/or
enhancement of natural resources.
(3) The executive officer of the State Coastal Conservancy, or his
or her designee.
(b) The Environmental Enhancement Committee shall establish a
process for the solicitation, submittal, review, and selection of
environmental enhancement projects. Selection criteria shall be
developed to ensure that projects meet the intent of this article.




8670.73. (a) The Environmental Enhancement Grant Program is hereby
established. Project proposals shall be solicited when adequate
funds have accumulated in the Environmental Enhancement Fund to cover
the cost of an appropriate project or projects.
(b) Grants shall be awarded to nonprofit organizations, cities,
counties, cities and counties, districts, state agencies, and
departments; and, to the extent permitted by federal law, to federal
agencies on a competitive basis using the selection process
established by the Environmental Enhancement Committee. The
selection criteria will be enumerated in all requests for proposals
distributed to potential applicants. The administrator may grant
funds for those projects that are selected by the Environmental
Enhancement Committee and that meet the requirements of this article.
State departments and agencies receiving grants under this section
for environmental enhancement projects, shall, to the maximum extent
feasible, utilize the services of the California Conservation Corps
in accordance with Section 14315 of the Public Resources Code.
(c) Grant recipients shall use the grant award to fund only the
project described in the recipient's application.
(d) Grant recipients shall not use the grant funds to shift money
to or otherwise cover costs of an existing or proposed project or
activity not included in the application.
(e) Any grant funds allocated to a project that exceed the actual
cost of completing the project as outlined in the recipient's
application shall be returned to the Environmental Enhancement Fund,
and shall not be used by the grant recipient for any other purpose.
(f) If a member of the Environmental Enhancement Committee, or a
member of his or her immediate family, is employed by a grant
applicant, the employer of a grant applicant, or a consultant or
independent contractor employed by the grant applicant, the committee
member shall make that disclosure to the other members of the
committee and shall not participate or make recommendations on the
grant proposal of that applicant.
(g) For habitat acquisition, the Environmental Enhancement
Committee shall be subject to the same provisions as prescribed in
Section 31116 of the Public Resources Code.