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California Business License Defense Attorney

We defend businesses in California State Water Resources Control Board enforcement actions

California State Water Resources Control Board Enforcement Defense Attorney

SWRCB Enforcement Defense Lawyer

The California State Water Resources Control Board, known as SWRCB, enforces water quality regulations in the State of California. The California State Water Resources Control Board enforces regulations cross a variety of industries. Most California businesses have minimal or no contact with the enforcement arm of the California State Water Resources Control Board. The California State Water Resources Control Board oversees the following Regional Water Quality Control Boards:

  • Central Coast Regional Water Quality Control Board
  • Central Valley Regional Water Quality Control Board
  • Colorado River Basin Regional Water Quality Control Board
  • Lahontan Regional Water Quality Control Board
  • Los Angeles Regional Water Quality Control Board
  • North Coast Regional Water Quality Control Board
  • San Diego Regional Water Quality Control Board
  • San Francisco Bay Regional Water Quality Control Board
  • Santa Ana Regional Water Quality Control Board

The SWRCB and its affiliate agencies regulate the following water use categories:

  • Agricultural Irrigation
  • Drinking Water
  • Groundwater
  • Hazardous Waste
  • Hydro Electric Power
  • Marijuana (Cannabis)
  • Municipal Water Supplies
  • Oil Spills (Petroleum)
  • Sanitation
  • Storm Water
  • Surface Water
  • Underground Storage Tanks
  • Wastewater Treatment
  • Water Conservation
  • Water Rights
  • Water Quality

For businesses that become part of the California State Water Resources Control Board disciplinary process, the consequences are profound. The SWRCB enforcement disciplinary process is complex, procedural and time consuming. Businesses facing the California State Water Resources Control Board disciplinary process should seek legal representation from an experienced California State Water Resources Control Board Enforcement Defense Attorney.

The California State Water Resources Control Board conducts enforcement against the following violations:

  • Acute Toxicity
  • Class A + Class B Violations
  • Class 1, Class 2 and Class 3 Violations
  • Clean Water Act Violations
  • Environmental Violations
  • Illegal Dumping
  • Industrial Stormwater Violations
  • Farm Violations
  • Food Processor Violations
  • Operating Without a Valid Permit
  • Recordkeeping
  • Toxic Waste Violations
  • Unauthorized Discharge
  • Unregulated Discharge
  • Waste Discharge
  • Water Pollution
  • Water Treatment Violations
  • Winery Violations

California State Water Resources Control Board Investigation Defense Lawyer

The majority of California State Water Resources Control Board investigations begin with an enforcement operation. However, California State Water Resources Control Board Investigations also occur through consumer complaints and criminal investigations. The California State Water Resources Control Board utilizes non sworn civilian investigators to conduct investigations. These employees investigate Administrative Law violations under the jurisdiction of SWRCB. SWRCB Investigators often work closely with the California Attorney General’s Office and local law enforcement. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California State Water Resources Control Board (or Regional Water Quality Control Board) disciplinary process. At the conclusion of a California State Water Resources Control Board (or Regional Water Quality Control Board) investigation, the California State Water Resources Control Board has several options. The California State Water Resources Control Board (or Regional Water Quality Control Board) can choose to close the Investigation. The SWRCB can hold an informal conference to try to resolve the enforcement action. The California State Water Resources Control Board can choose to issue a Citation or Notice of Violation. SWRCB can also issue an Administrative Civil Liability (ACL) Complaint. In cases involving criminal conduct, the California State Water Resources Control Board may refer the case to the District Attorney’s Office or Attorney General’s Office for criminal prosecution. If you are a business facing a California State Water Resources Control Board investigation, contact a California State Water Resources Control Board Investigation Defense Attorney for representation.

California SWRCB Citation and Enforcement Action Defense Attorney

It is not uncommon for out of state businesses that are involved in water based commerce in California to receive notice of SWRCB disciplinary enforcement action. Thus, SWRCB is not only limited to California companies. A SWRCB Administrative Civil Liability enforcement action contains numerous consequences. Maximum fines for violations are astronomical. In many instances, these fines can be reduced through negotiations with the California State Water Resources Control Board (or Regional Water Quality Control Board). If a violation cannot be settled, the violation can proceed to a Hearing before the Regional Water Quality Control Board. Businesses facing a California State Water Resources Control Board Enforcement Action should contact an experienced California State Water Resources Control Board Enforcement Action Defense Attorney for representation.

California State Water Resources Control Board Hearing Attorney

The Regional Water Quality Control Boards, conduct Hearings on Enforcement Actions. These Hearings may occur in Fresno, Los AngelesOakland, Riverside, SacramentoSan Bernardino, San DiegoSan FranciscoSan Jose San Luis Obispo and Santa Rosa. The Administrative Law Hearing is a formal Hearing the Regional Water Quality Control Board or a Hearing Officer. The Hearing Officer or Hearing Panel will issue a written Proposed Decision. The Regional Water Quality Control Board can adopt, modify or reject the Proposed Decision. The Regional Water Quality Control Board action is called the Final Decision and Order.

There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a business to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the business can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California and out of state businesses facing California State Water Resources Control Board (or Regional Water Quality Control) Administrative Civil Liability need effective representation from a California State Water Resources Control Board Enforcement Action Defense Lawyer.

California State Water Resources Control Board and Criminal Investigations

The California State Water Resources Control Board often investigates criminal violations related to air quality regulations. SWRCB can refer matters for criminal prosecution to local District Attorney’s Offices and the California Attorney General’s Office. Many SWRCB Administrative Law violations are also criminal offenses. Businesses facing criminal investigation and criminal prosecution arising from a California State Water Resources Control Board Investigation need an experienced California State Water Resources Control Board Defense Attorney for representation.