Waste discharge requirements: minimum penalties: exception: publicly owned treatment works.

Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act (act) and the national pollutant discharge elimination system permit program. The act requires mandatory minimum penalties to be assessed for serious violations, as defined, relating to waste discharge requirements, and for certain violations relating to waste discharge requirements and reports whenever there are 4 or more violations in a period of 6 consecutive months, except as provided. The act authorizes the state board or regional board, in lieu of assessing all or a portion of those mandatory minimum penalties against a publicly owned treatment works serving a small community, to instead require the publicly owned treatment works to spend an equivalent amount towards the completion of a compliance project proposed by the publicly owned treatment works if the state board or regional board make specified findings. The act defines "a publicly owned treatment works serving a small community" for these purposes to mean a publicly owned treatment works serving a population of 20,000 persons or fewer or a rural county, with a financial hardship as determined by the state board after consideration of specified factors. This bill would expand the authorization for the state board or regional board to require funding of a compliance project in lieu of the otherwise mandatory penalty to apply to a publicly owned treatment works serving a population of 3,000 persons or fewer, with a financial hardship, determined by the state board, within the 10 years preceding the assessment of the penalty.