Mandatory Minimum Penalties under the California Water Code

Attached are the most recent guidance documents from the Office of Chief Counsel interpreting recent legislation requiring mandatory enforcement by Regional Water Quality Control Boards:

Downey Brand has been working with representatives of the California Association of Sanitation Agencies (CASA) to encourage the State Water Resources Control Board to update these guidance documents as some of the guidance is now outdated. Any new changes will be placed on this website when it becomes available.

• Downey Brand filed challenges to MMP complaints in Court . Representing the Fallbrook Public Utility District and the Napa Sanitation District in two separate appeals of mandatory minimum penalty (MMP) assessments, Downey Brand sought to have these penalties overturned or substantially reduced. In both cases, the MMP penalty issues were settled.
• Check all MMP Complaints for Accuracy - We have found MMPs dating back more than 5 years, MMPs for non-violations, and other inaccuracies. For this reason, we encourage an independent review of any complaint received.
• Statutes of Limitation Issues – although a three-year statute of limitations may apply to enforcement actions by the Regional Board, permit holders should consider accepting MMP penalties spanning a five-year period to potentially provide coverage from citizen suits under the Clean Water Act for those same violations. Although MMPs have not yet been deemed by a court to be considered “diligently prosecuted,” but that argument remains viable until overruled.

For more information on MMP complaints or other forms of enforcement under Water Quality laws, please contact Katharine Wagner, Melissa Thorme, Nicole Granquist, Missy Verhaag, and Jonathan Shardlow. Additional information concerning Downey Brand's Environmental Law Practice Group is available by clicking the link below.

Environmental Law Practice Description

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Please contact us if you have questions or want more information. Please note that the information contained in this newsletter is not intended to provide legal advice. You should consult with an attorney and not rely on any information contained herein regarding your specific situation.