2007 California Water Code Article 2. Cease And Desist Orders

CA Codes (wat:1831-1836)

1831.  (a) When the board determines that any person is violating,
or threatening to violate, any requirement described in subdivision
(d), the board may issue an order to that person to cease and desist
from that violation.
   (b) The cease and desist order shall require that person to comply
forthwith or in accordance with a time schedule set by the board.
   (c) The board may issue a cease and desist order only after notice
and an opportunity for hearing pursuant to Section 1834.
   (d) The board may issue a cease and desist order in response to a
violation or threatened violation of any of the following:
   (1) The prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division.
   (2) Any term or condition of a permit, license, certification, or
registration issued under this division.
   (3) Any decision or order of the board issued under this part,
Section 275, or Article 7 (commencing with Section 13550) of Chapter
7 of Division 7, in which decision or order the person to whom the
cease and desist order will be issued, or a predecessor in interest
to that person, was named as a party directly affected by the
decision or order.
   (e) This article shall not authorize the board to regulate in any
manner, the diversion or use of water not otherwise subject to
regulation of the board under this  part.



1832.  Cease and desist orders of the board shall be effective upon
the issuance thereof.  The board may, after notice and opportunity
for hearing, upon its own motion or upon receipt of an application
from an aggrieved person, modify, revoke, or stay in whole or in part
any cease and desist order issued pursuant to this chapter.




1834.  (a) In the event that a violation of a requirement described
in subdivision (d) of Section 1831 is occurring or threatening to
occur, the board shall give notice by personal notice or certified
mail, pursuant to which the party shall be informed that he or she
may request a hearing not later than 20 days from the date on which
the notice is received, to the person allegedly engaged in the
violation.  The notice shall contain a statement of facts and
information that would tend to show the proscribed action, and
notification of the requirements of subdivision (b).
   (b) Unless a written request for a hearing signed by or on behalf
of the notified party is delivered to or received by mail by the
board within 20 days after receipt of the notice, the board may adopt
a cease and desist order, based on the statement of facts and
information set forth in the notice, without a hearing.



1835.  As used in this chapter, "person" includes any city, county,
district, the state, or any department or agency thereof, and the
United States to the extent authorized by law.



1836.  Nothing in this chapter shall preclude the board from issuing
any order or taking any other action authorized pursuant to Sections
275 and 1052.