Clean Water Act Attorney — Glendale & Los Angeles
A Clean Water Act matter is any permit, enforcement, or litigation issue over discharges to water under the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and California's Porter-Cologne Act. DiJulio Law Group advises Glendale and Los Angeles businesses on NPDES and stormwater permits, Regional Board orders, and citizen suits.
Does a Los Angeles business need a Clean Water Act permit?
It does if it discharges pollutants from a point source to waters of the United States, which Clean Water Act § 301 prohibits except in compliance with a permit such as an NPDES permit. Many industrial facilities also need coverage under California's statewide Industrial General Permit for stormwater, even if they have no process discharge. Discharges to sewer are generally regulated through local pretreatment programs instead. See air, water, and hazardous waste compliance for the broader picture.
Federal and California Water Law Work Together
The Clean Water Act prohibits the discharge of pollutants from a point source into waters of the United States unless the discharge complies with the Act, most often through a National Pollutant Discharge Elimination System (NPDES) permit under § 402. In California, the State Water Resources Control Board and nine regional boards administer the NPDES program. For Glendale and most of Los Angeles County, that means the Los Angeles Regional Water Quality Control Board.
California adds its own layer. The Porter-Cologne Water Quality Control Act (opens in a new tab) (Water Code § 13000 et seq.) reaches "waters of the state," which includes groundwater and surface waters that may fall outside federal jurisdiction. That difference matters more after the U.S. Supreme Court narrowed federal wetlands jurisdiction in Sackett v. EPA (2023). A discharge that is no longer federally regulated may still require waste discharge requirements from the Regional Board.
For most industrial businesses, the day-to-day obligation is stormwater. The statewide Industrial General Permit requires covered facilities to prepare a stormwater pollution prevention plan, implement best management practices, sample discharges, and report. Sampling results above numeric action levels trigger escalating exceedance response actions. Those records are what regulators and citizen groups review first.
This page covers water-specific permitting, enforcement, and litigation. For responding to a notice from any agency, see enforcement and compliance. When a discharge has caused contamination that must be investigated or cleaned up, see environmental remediation and natural resource damages. Air emissions are covered on the Clean Air Act matters page.
What is the Industrial General Permit and who needs coverage?
The Industrial General Permit, State Water Board Order 2014-0057-DWQ, is California's statewide NPDES permit for stormwater discharges associated with industrial activity. Coverage generally depends on whether a facility conducts one of the nine categories of industrial activity described in the permit's Attachment A. The Board lists potentially regulated Standard Industrial Classification codes, but actual activities control.
Coverage now also affects business licensing. As the State Water Board explains (opens in a new tab), Senate Bill 205, effective January 1, 2020, requires a business applying to a city or county for a new or renewed business license to demonstrate enrollment in a required NPDES stormwater permit. If the primary SIC code is potentially regulated, the business may need to enroll or provide proof of non-applicability before the license is issued or renewed.
For a Glendale or Los Angeles business, the practical steps are to identify the SIC code for each operating facility, compare the actual activities to Attachment A, and then obtain coverage through the State Water Board's SMARTS system or submit a certified notice of non-applicability. Enrollment gaps are covered under air, water, and hazardous waste compliance, and buyers should confirm coverage during legal due diligence.
What happens after a 60-day notice of intent to sue under the Clean Water Act?
The notice starts a waiting period before a private party may file a citizen suit under 33 U.S.C. section 1365. EPA's regulation requires the notice to identify the specific standard or limitation allegedly violated, the activity, the persons responsible, the location, and the dates. Checking each allegation against your own monitoring records is usually the first task.
Under 40 C.F.R. section 135.3 (opens in a new tab), a notice about an effluent standard or limitation must include enough information to identify the specific requirement, the activity alleged to violate it, the persons responsible, the location, and the date or dates. Allegations that lack that detail, or that describe only violations that have ended, may be open to challenge.
A suit may be brought only in the federal judicial district where the source is located, which for Los Angeles County is the Central District of California. If the case is resolved by consent judgment and the United States is not a party, section 1365(c)(3) bars entry of the judgment until 45 days after the Attorney General and EPA receive the proposed judgment. See enforcement and compliance and, for multi-party disputes, environmental mediation.
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Enforcement defense, permitting and compliance, hazardous waste, and cleanup cost recovery in California.
Clean Water Act Matters We Handle
For industrial facilities, property owners, developers, and operators in Los Angeles and Glendale.
Industrial Stormwater Compliance
Industrial General Permit coverage, stormwater pollution prevention plans, sampling programs, exceedance response actions, and No Exposure Certifications.
Individual NPDES Permits
Permit applications, renewals, effluent limits, monitoring requirements, and disputes over permit conditions with the Regional Board.
Regional Board Orders
Responses to investigative orders for technical reports, cleanup and abatement orders, and waste discharge requirements under Porter-Cologne.
Administrative Civil Liability
Defense of administrative civil liability complaints, including mandatory minimum penalties, before the Regional Board. See environmental enforcement defense.
Citizen Suits
Evaluating 60-day notices under Clean Water Act § 505, correcting ongoing violations, and defending or resolving the lawsuit.
Construction Stormwater
Construction General Permit issues for projects that disturb one acre or more, coordinated with the firm's construction law practice.
Water Quality Matters That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The 60-Day Notice
A Los Angeles metal finisher receives a notice of intent to sue citing years of stormwater sampling above numeric action levels. The notice period is used to review the data, fix what is ongoing, and assess which alleged violations are actually actionable.
The Investigative Order
A Glendale property owner receives a Regional Board order to submit technical reports on groundwater beneath a former industrial tenant's space. The questions are who is responsible, what the order can require, and how to recover costs from the former operator.
The Facility That Never Enrolled
A plastic parts manufacturer learns that its industrial classification requires Industrial General Permit coverage it never obtained. The priority is enrolling, preparing a compliant plan, and addressing the gap before a regulator or citizen group does.
When a Water Quality Issue Needs Counsel
- You received a 60-day notice of intent to sue under the Clean Water Act.
- Your stormwater sampling exceeds numeric action levels.
- The Regional Board issued an investigative order, cleanup order, or civil liability complaint.
- You are unsure whether your facility needs Industrial General Permit coverage.
- You are buying a property or business with a stormwater or discharge history. See legal due diligence.
- A former tenant or neighbor may be the source of contamination. See remediation and cost recovery.
What to Do First
Pull the monitoring record
Sampling data, annual reports, and inspection records are public and are the basis of most notices. Know what they show before responding.
Fix what is ongoing
Correcting ongoing violations affects both agency penalties and citizen suit exposure. Document each corrective step with dates.
Get counsel involved early
Filings with the Regional Board become part of the record. Contact the firm before you respond to a notice or order.
Clean Water Act Matters — Questions California Clients Ask
What Glendale and Los Angeles businesses ask about stormwater permits, Regional Board orders, and Clean Water Act lawsuits.
What is the Clean Water Act?
The Clean Water Act, 33 U.S.C. § 1251 et seq., is the federal law regulating discharges of pollutants into waters of the United States. Its core rule, in § 301, prohibits discharging pollutants from a point source except in compliance with the Act, usually through an NPDES permit. In California, the State Water Board and regional boards administer the permit program alongside the state's Porter-Cologne Act.
What is the Industrial General Permit?
The Industrial General Permit is California's statewide NPDES permit for stormwater discharges from industrial facilities. Covered facilities must prepare a stormwater pollution prevention plan, implement best management practices, sample and report, and respond when results exceed numeric action levels. Facilities with no exposure of industrial activities to stormwater may qualify for a No Exposure Certification instead of full coverage.
What is the Porter-Cologne Act?
The Porter-Cologne Water Quality Control Act, Water Code § 13000 et seq., is California's water quality law. It applies to "waters of the state," which include groundwater and surface waters, and authorizes the regional boards to issue waste discharge requirements, investigative orders, and cleanup and abatement orders. It can reach discharges that fall outside federal Clean Water Act jurisdiction.
How does a Clean Water Act citizen suit work?
Under § 505, 33 U.S.C. § 1365, a private party may sue an alleged violator of an effluent standard or limitation after giving 60 days' notice to U.S. EPA, the state, and the violator. The suit is barred if EPA or the state is diligently prosecuting a court action to require compliance. The court may award litigation costs, including attorney and expert fees, to a prevailing or substantially prevailing party.
Can a citizen sue over violations that have stopped?
Generally not for wholly past violations. In Gwaltney of Smithfield v. Chesapeake Bay Foundation (1987), the U.S. Supreme Court held that a Clean Water Act citizen suit requires a good-faith allegation of continuous or intermittent violation. That is one reason prompt, documented correction during the 60-day notice period matters. Whether violations are truly over is often disputed.
What is a Regional Board investigative order?
Under Water Code § 13267, a regional board may require a person who has discharged, is discharging, or is suspected of discharging waste to provide technical or monitoring reports. The order must explain the need for the reports and identify the evidence supporting it. Failing to respond can lead to civil liability, so the order should be reviewed promptly.
What happened to federal wetlands jurisdiction after Sackett v. EPA?
In Sackett v. EPA (2023), the U.S. Supreme Court narrowed which wetlands count as waters of the United States, generally requiring a continuous surface connection to a covered water. In California, that does not end the analysis, because Porter-Cologne regulates waters of the state, and the State Water Board has its own procedures for discharges of dredged or fill material to those waters.
Should stormwater compliance be checked before buying a property?
Yes, when the property is industrial or the seller's business will continue. Buyers should confirm whether the facility has Industrial General Permit coverage, review the stormwater plan and sampling history, and check for open Regional Board orders or citizen suit notices. Those findings can be addressed through representations, indemnities, escrow terms, or price.
Local Representation
Glendale and Los Angeles fall within the Los Angeles Regional Water Quality Control Board's jurisdiction, and much of the area drains to the Los Angeles River. Where a water dispute involves several current and former owners, environmental mediation can be an efficient path to allocation.
Talk to an Environmental Attorney
Water quality cases are built on your own sampling records. Send the permit, the data, and the notice, and speak directly with an attorney.