STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99 - 049

DELEGATES AUTHORITY TO THE CHIEF OF

THE DIVISION OF CLEAN WATER PROGRAMS TO REFER ACTIONS

TO THE ATTORNEY GENERAL TO RECOVER OVERPAYMENTS MADE FROM THE UNDERGROUND STORAGE TANK CLEANUP FUND,

TO RECOVER COSTS EXPENDED FOR CORRECTIVE ACTION FROM THE CLEANUP FUND'S EMERGENCY, ABANDONED OR RECALCITRANT ACCOUNT AND THE CLEANUP AND ABATEMENT ACCOUNT,

OR TO PROSECUTE ACTIONS UNDER

CALIFORNIA GOVERNMENT CODE SECTION 12650 ET SEQ. (FALSE CLAIMS ACT) AGAINST CLAIMANTS WHO KNOWINGLY SUBMIT FALSE CLAIMS

FOR REIMBURSEMENT FROM THE CLEANUP FUND

AND TO ISSUE SUBPOENAS FOR PRODUCTION OF WITNESSES AND EVIDENCE IN PROCEEDINGS BEFORE THE SWRCB

WHEREAS:

1. The SWRCB has authority to request the California Attorney General to pursue recovery of overpayments made from the Underground Storage Tank Cleanup Fund (Cleanup Fund); recovery of corrective action costs expended from the Cleanup Fund's Emergency, Abandoned or Recalcitrant Account (EAR Account) and the Cleanup and Abatement Account; and prosecutions under the False Claims Act. It is desirable to delegate to designated staff the authority to refer such actions to the Attorney General.

2. The SWRCB has authority to issue subpoenas to compel the attendance of witnesses and to produce evidence in proceedings before it. To avoid delay in critical investigations, it is desirable to delegate to the Chief of the Division of Clean Water Programs the authority to issue subpoenas for proceedings arising in connection with programs under the jurisdiction of the Division of Clean Water Programs.

THEREFORE BE IT RESOLVED:

1. That the SWRCB hereby authorizes the Chief of the Division of Clean Water Programs, with the concurrence of the Chief Counsel, to refer actions to the Attorney General for recovery of overpayments made from the Cleanup Fund, for recovery of corrective action costs expended from the EAR Account and the Cleanup and Abatement Account, or for prosecution against claimants who knowingly submit false claims for reimbursement to the Cleanup Fund.
2. That the SWRCB hereby authorizes the Chief of the Division of Clean Water Programs to issue subpoenas compelling the attendance of witnesses and/or production of evidence before the SWRCB in all proceedings in matters for which the Division of Clean Water Programs has been assigned program responsibility.
3. The Chief of the Division of Clean Water Programs is directed in exercising the authority vested by this resolution, without restricting the authority specified, to bring any matters to the attention of the SWRCB which are of a unique or unusual nature, which, involve significant policy questions, highly controversial matters, and any matters which a Division Chief determines should be brought to the attention of the SWRCB.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 20, 1999.

Maureen Marché

Administrative Assistant to the Board