If your company has received a notice related to the Clean Water Act (CWA), you’re not alone. Clean Water Act violation claims are a growing concern for many companies across the United States, especially in highly regulated states like California. As environmental protection rules evolve, it’s easy for businesses to fall out of compliance—even those that have maintained responsible water management practices in the past.
Clean Water Act violations can catch even diligent businesses off guard. From enforcement actions to citizen suits, the risks are real, and the penalties can be steep. Whether you’re responding to an alleged violation or trying to stay ahead of compliance requirements, understanding Clean Water Act violation claims is key to protecting your company and minimizing your risks. Work with a trusted clean water act lawyer nearby to proactively manage violation claims and ensure compliance.
What Is the Clean Water Act?
The Clean Water Act (CWA) is a foundational federal law aimed at restoring and maintaining the chemical, physical, and biological integrity of the nation’s waters. It regulates the discharge of pollutants into navigable waters and sets wastewater standards for industries and publicly owned treatment works (POTWs).
Originally passed in 1972 and amended several times since, the CWA requires permits for point source discharges of pollutants into surface waters. These permits, issued under the National Pollutant Discharge Elimination System (NPDES), define conditions and management practices to minimize discharges and protect water quality.
Common Types of Clean Water Act Violations
There are many ways a company may find itself subject to a Clean Water Act violation claim. These claims often arise from alleged non-compliance with:
Permit conditions and discharge limits
Facilities that discharge wastewater, stormwater runoff, or other pollutants into surface waters must do so under valid NPDES permits. Violations can include exceeding pollutant limits, unauthorized discharges, or failing to meet monitoring and reporting requirements.
Unauthorized discharges
Companies that discharge pollutants or dredged or fill material into water bodies without first obtaining a permit can be accused of unauthorized activity. These violations are common in construction, mining, or agricultural operations where fill material affects aquatic ecosystems.
Stormwater runoff
Industrial facilities and construction sites are often required to develop stormwater pollution prevention plans and implement best management practices (BMPs). Failure to minimize discharges or maintain stormwater controls may result in enforcement actions.
Concentrated animal feeding operations (CAFOs)
Large livestock operations are considered point sources under the CWA and must comply with strict NPDES permitting and waste management practices.
CWA Enforcement Actions and Penalties
When a business allegedly violates environmental laws and regulations, it seldom goes unnoticed. The Environmental Protection Agency (EPA), a state environmental agency, or citizen lawsuits may all respond with enforcement actions. These actions include:
Compliance orders and notices of violation
A compliance order or Notice of Violation (NOV) is often the first step in an enforcement action. These documents inform your business of a suspected failure to comply with applicable regulations or permit conditions. Although not always punitive, they should be taken seriously and addressed quickly.
Civil and criminal penalties
Clean Water Act enforcement may include civil fines, criminal enforcement actions, or both. Civil penalties can reach tens or even hundreds of thousands of dollars depending on the duration, severity, and economic benefit derived from the violation. Criminal penalties apply when violations are willful or negligent and may include imprisonment.
Citizen suits
Private individuals or organizations may also bring lawsuits for CWA violations. These citizen suits are permitted under Section 505 of the Clean Water Act and often precede or accompany formal enforcement actions.
Defending Against a Clean Water Act Violation
When you receive a notice of an alleged violation, the worst thing you can do is ignore it. A timely response, backed by careful analysis and documentation, is essential. When your company receives a notice of violation, there
Examine the facts
Not every alleged violation is valid. In many cases, regulators or private parties make claims based on incomplete or inaccurate information. Start by gathering all relevant data: sampling results, discharge records, stormwater plans, and correspondence.
Hire an environmental consultant
An experienced environmental law attorney or environmental consultant can help assess your technical compliance and prepare site-specific findings. These measures are especially useful in reviewing whether any pollutant discharges occurred from a point source into navigable waters or if fill material was involved.
Legal strategy and good faith efforts
Demonstrating good faith efforts to comply with clean water requirements can significantly influence the outcome. This may involve updating BMPs, modifying equipment, or applying for revised permits. Your legal counsel can negotiate reduced penalties or the dismissal of claims when no actual violation occurred.
In some cases, what appears to be a violation may fall within acceptable tolerances or may not be regulated under the applicable Clean Water Act section. For example, discharges from nonpoint sources are typically outside the scope of enforcement litigation under the CWA.
How Businesses Can Stay Compliant
To avoid enforcement actions, it’s essential to build proactive systems for Clean Water Act compliance.
Obtain permits before discharges
Before any activity that may result in a discharge of pollutants or dredged or fill material, obtain the proper NPDES or Section 404 permit. This applies to industrial discharges, construction runoff, and waste from CAFOs.
Maintain your stormwater program
Implement and regularly update a Stormwater Pollution Prevention Plan (SWPPP). Include inspections, maintenance logs, training documentation, and records of BMP implementation.
Monitor discharges and submit reports
Timely and accurate reporting of discharge monitoring data helps demonstrate compliance and avoid penalties for reporting failures.
Stay informed of regulatory changes
The Environmental Protection Agency frequently updates the Federal Register with changes to Clean Water Act regulations. Enforcement priorities can shift, and new rules may apply to your industry sector. Staying informed ensures that your facility doesn’t fall out of compliance. Retaining an experienced environmental lawyer can make sure you’re always proactive and compliant with any regulatory changes.
Why Early Legal Counsel Matters
CWA enforcement actions move quickly. Once a compliance order or notice is issued, the clock starts ticking. Responding effectively requires not just legal insight but also an understanding of water quality standards, biological integrity requirements, and regulatory interpretation.
An experienced environmental law firm can assess whether enforcement is warranted, defend your company in federal court if necessary, and help you implement long-term environmental protection strategies that protect human health while meeting economic and operational goals.
Contact Tropea McMillan LLP for Environmental Legal Guidance
If your company has received a Clean Water Act violation notice or you want to strengthen your compliance practices, Tropea McMillan LLP is here to help. From our locations in San Diego, Los Angeles, and San Jose, we represent businesses across Southern and Central California in environmental litigation, enforcement defense, and permitting matters.
We understand the pressure environmental regulations place on your operations, and we work closely with you to reduce liability and support your long-term success.
Whether you’re dealing with Clean Water Act enforcement, stormwater management, or federal and state permit compliance, our legal team is committed to protecting your interests.
Contact us today to discuss your situation and learn how we can assist with your environmental legal and compliance needs. We help you respond effectively to environmental enforcement and build a stronger, more resilient compliance strategy.
Call us at (619) 566-0676, or contact us online to schedule a consultation and learn how we can support your environmental compliance goals.