HB 1145

Under current law, the water quality control division (division) administers a program to test for and remediate water quality issues for mobile home parks (program). The program tests for water quality issues that pose a risk to not only health or safety but also the welfare of park residents. The bill authorizes the division to require remediation of welfare-related water quality violations. One of the requirements of the program is for the park owner to certify that the park owner has made certain water-quality-related notices to park residents. The bill authorizes the division to issue an order requiring the park owner to comply with the park resident notice certification requirement. Under the program, the park owner is prohibited from imposing the cost of compliance with certain remediation-related requirements on park residents. The bill provides that, for a park owner who is also a park resident, the owner may nonetheless bear this cost. The program authorizes the division to issue orders requiring the park owner to perform additional water testing, perform temporary measures necessary to address acute health risks, make additional reports to the division, create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan. The bill clarifies that a park owner may ask for a hearing only regarding the orders that concern remediation plans. The bill also clarifies that: The division has authority to enforce the requirements of the program; and The division has authority to issue cease-and-desist orders to address violations related to the program, regardless of whether the issues are related to water quality violations. The bill also provides that: The additional monthly penalty of up to $5,000 for a continuing violation may be imposed for the first 30 days of noncompliance; and A park owner is not entitled to an administrative hearing to contest an imposed civil penalty but may seek judicial review. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)