Section 21 - Conduct Subject to Enforcement(a) An enforcement action may be preceded by an investigation that may include, but is not limited to, document review, site visits, interviews, and public agency input to determine if violations exist within the jurisdiction of the board. The investigation may be conducted by (i) board staff, or (ii) a local maintaining agency where authority has been delegated by the board to issue notices of violation, or (iii) the department where authority has been delegated by the board to issue notices of violation.(b) Actions that may be subject to investigation and enforcement include, but are not limited to: (1) Undertaking or threatening to undertake any activity that may encroach on levees, channels, or other flood control works under the jurisdiction of the board;(2) Owning, undertaking, or maintaining any work in violation of or inconsistent with any condition of any permit previously issued by or subject to the jurisdiction of the board; or(3) Any violation of any requirement in Part 4 of Division 5 of the Water Code, including but not limited to: (A) Owning, undertaking, or maintaining any work that requires a permit or other approval from the board without securing such permit or approval;(B) Owning, undertaking, or maintaining any work in violation of Title 23, Division 1 of the California Code of Regulations; or(C) Owning, undertaking, or maintaining any work that is inconsistent with applicable federal law or regulations where the board has signed assurances with the U.S. Army Corps of Engineers that it will comply with such law or regulations.Cal. Code Regs. Tit. 23, § 21
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Repealer and new section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
3. Renumbering of former section 21 to section 26 and new section 21 filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive redesignation of former subsections (b)(3)(i)-(iii) as subsections (b)(3)(A)-(C), transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28). Note: Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8615, 8617, 8700, 8702 and 8710, Water Code.
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Repealer and new section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
3. Renumbering of former section 21 to section 26 and new section 21 filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive redesignation of former subsections (b)(3)(i)-(iii) as subsections (b)(3)(A)-(C), transmitted to OAL 5-29-2014 and filed 7/11/2014 (Register 2014, No. 28).