California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1 - Dams and Reservoirs
Article 7 - Administrative Enforcement
Section 337.4 - Notice of Violation

If DSOD determines that a dam owner has violated the Water Code, Division 3, Part 1, implementing regulations, or any approval, order, or requirement issued under Water Code, Division 3, Part 1 or implementing regulations, then DSOD may issue a Notice of Violation to the dam owner. In determining whether to issue a Notice of Violation, DSOD will consider the nature of the violation, potential threat to life and property posed by the violation, and the number of violations that would be included in a Notice of Violation. The Notice of Violation shall: describe the activity or failure to act that constitutes a violation and actions that the dam owner is required to undertake to remedy the violation, provide the dam owner with the opportunity to submit information to DSOD concerning the violation, and provide notice that failure to take the required action(s) within the specified time period may result in the issuance of an administrative complaint as described in section 337.8. If the dam owner has failed to comply with a department order to prepare and submit an acceptable EAP in accordance with Water Code, Division 3, Part 1, Chapter 4, Article 6, the Notice of Violation shall include an estimated cost to prepare an EAP and inundation map(s).

1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38).

Note: Authority cited: Section 6078, Water Code. Reference: Sections 6075, 6077, 6428, 6429, 6431 and 6432, Water Code.