When a regional board finds that a discharge of waste is taking place, or threatening to take place, in violation of requirements or discharge prohibitions prescribed by the regional board or the state board, the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions (a) comply forthwith, (b) comply in accordance with a time schedule set by the board, or (c) in the event of a threatened violation, take appropriate remedial or preventive action. In the event of an existing or threatened violation of waste discharge requirements in the operation of a community sewer system, cease and desist orders may restrict or prohibit the volume, type, or concentration of waste that might be added to that system by dischargers who did not discharge into the system prior to the issuance of the cease and desist order. Cease and desist orders may be issued directly by a board, after notice and hearing.
Cal. Water Code § 13301
Administrative Enforcement and Remedies
Known as the Porter-Cologne Water Quality Control Act
The act spans §§ 13000–16201 (413 sections).
Applied in 2 court decisions — leading case 102 Cal. App. 4th 1448 - Waterkeepers Northern California v. State Water Resources Control Board (2002)
Most recently applied in McAbee v. Fort Payne City of (January 2003)
Amended by Stats. 2002, Ch. 420, Sec. 5
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.