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2011 SESSION

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HB 1738 Reporting of water withdrawals; State Water Control Board to impose a civil penalty.

Introduced by: David L. Bulova | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Reporting of water withdrawals; penalty.  Authorizes the State Water Control Board to impose a civil penalty, not to exceed $1,000, upon any person who fails to register and report certain water withdrawal information. Any person who withdraws more than one million gallons in any single month for crop irrigation or who withdraws during any single month a daily average that exceeds 10,000 gallons per day is required to be registered and report the amount of his withdrawals. However, prior to determining whether a civil penalty should be assessed, the Board is required to follow certain due process procedures, such as issuing several notices in writing of the person's failure to report his withdrawals. The person will have 60 days after receiving the second notice to file the report. The bill also provides for public comment on the criteria for calculating the appropriate penalty that would be imposed. A violator has the option of entering into a consent agreement with the Board and paying a civil charge that could be less than the $1,000 penalty. The revenue generated from the civil penalties and charges will be deposited in a special fund that shall be used solely to fund the Department of Environmental Quality's water supply planning responsibilities.


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