Clean Water Act Enforcement Lawyers in San Diego
Helping You Help The Planet
Water is a vital resource, and access to reliable and safe water is fundamental to life in our world. Because of this importance, water’s use, supply and quality are highly regulated. The laws can be complicated and complex, and it can be challenging to stay in compliance with all the regulations.
The Clean Water Act (CWA) is a federal law managed by the U.S. Environmental Protection Agency (EPA) focused on protecting and improving water resources. The goal of the CWA is to prevent, reduce and eliminate pollution in water to “restore and maintain the chemical, physical and biological integrity of the Nation’s waters.”
Under the CWA, businesses and other entities must obtain a permit through the EPA’s National Pollutant Discharge Elimination System (NPDES) before releasing pollutants into water. Parties who discharge pollutants into the water without the required permits may face legal action and consequences.
California takes water regulations very seriously. At Tropea McMillan, LLP, our Clean Water Act enforcement lawyers in San Diego have worked with clients throughout the state to provide advice and representation to companies and property owners regarding water regulations.
Contact us today for a confidential consultation.
The Importance of Compliance: Key Statistics
Failing to comply with the Clean Water Act (CWA) can have serious legal and financial consequences. Regulatory agencies and environmental groups are increasing enforcement efforts, making it essential for businesses and property owners to stay compliant. Here are some key statistics that emphasize the significance of CWA compliance:
In 2023, the U.S. Environmental Protection Agency (EPA) took enforcement action on over 1,500 CWA violations, resulting in millions of dollars in penalties.
- Businesses and individuals paid over $180 million in fines for violations related to illegal pollutant discharge and failure to obtain proper permits.
- The EPA required violators to invest more than $1.7 billion in pollution control technology and corrective measures to reduce environmental harm.
- Citizen lawsuits under the CWA are on the rise, with environmental groups targeting small businesses, construction firms, and property owners for alleged permit violations.
- Stormwater violations accounted for nearly 30% of enforcement cases, highlighting the importance of proper stormwater management practices.
Compliance is not just about avoiding fines—it protects your business reputation, prevents costly legal battles, and ensures a safer environment. By proactively adhering to CWA regulations, businesses can avoid legal action and contribute to cleaner, healthier water resources.
How CWA Violations Are Prosecuted
Enforcing environmental regulations is a central part of what the EPA does. The EPA can take civil or criminal action against violators of the CWA. Depending on the type of action commenced, various penalties are possible.
These penalties can include:
- Incarceration
- Fines and restitution
- Cleanup enforcement
- Injunctive relief
To supplement state and federal enforcement, the CWA authorizes citizens to bring lawsuits to stop someone from discharging pollutants into a stream, lake, ocean, or other surface body of water. Citizens can seek injunctive relief and attorneys’ fees. Further, if a regulatory agency fails to act against a violator of the CWA, citizens have the right to file citizen suits against the state regulatory agency or the EPA. Oftentimes, citizens form entities whose business is to prosecute CWA claims. These groups, such as Eden Environmental Defenders and San Francisco Baykeeper, typically target individuals and small businesses as they are perceived to be easy targets.
Understanding the Legal Process of Clean Water Act (CWA) Enforcement
If a business or individual is found to be in violation of the Clean Water Act (CWA), the legal process can unfold in several ways. Knowing what to expect and how to respond is crucial to mitigating penalties and ensuring compliance.
1. Notice of Violation (NOV)
The enforcement process typically begins with a Notice of Violation (NOV) from the Environmental Protection Agency (EPA), a state regulatory agency, or a citizen lawsuit. This notice details the alleged violation, such as:
- Discharging pollutants without a permit
- Exceeding permitted pollutant levels
- Failure to implement proper stormwater management practices
- Illegal dumping into protected water sources
2. Civil vs. Criminal Enforcement Actions
If violations are not addressed, the EPA or state agencies may escalate enforcement, leading to civil or criminal penalties.
Civil Enforcement
The EPA or state agency may issue an Administrative Order requiring corrective action. If the violation is severe, the government may file a civil lawsuit, which can result in:
- Fines up to $64,618 per day, per violation (as of recent EPA penalty adjustments).
- Orders to implement corrective environmental measures.
- Permanent injunctions stopping further non-compliant activities.
Criminal Enforcement
In cases of willful or negligent violations, criminal charges may be filed.
- Criminal penalties can include fines ranging from $5,000 to $50,000 per day of violation.
Imprisonment for up to three years for individuals knowingly violating the CWA.
3. Citizen Lawsuits
Under the CWA, private citizens and environmental groups can file lawsuits against businesses, property owners, or even regulatory agencies for failing to enforce the law.
- These lawsuits often target small businesses and construction sites for stormwater violations.
- If successful, plaintiffs may receive injunctive relief, requiring the violator to stop the polluting activity and implement corrective measures.
- Defendants may be required to pay attorneys’ fees and civil penalties.
4. Corrective Actions & Compliance Plans
Once enforcement begins, violators may be required to:
Develop a compliance plan with the EPA or state regulators.
Implement pollution control measures such as improved wastewater treatment or stormwater management.
Pay fines and penalties if applicable.
Undergo regular monitoring and reporting to demonstrate compliance.
5. Settlement or Litigation
Most CWA enforcement cases are resolved through:
- Administrative Settlements – Businesses agree to corrective actions, fines, and compliance terms without going to court.
- Consent Decrees – A legally binding agreement between the violator and the government to implement environmental improvements.
- Litigation – If no settlement is reached, cases proceed to federal court, where penalties can be severe.
When receiving a Notice of Violation, the most crucial step is to understand and examine whether an actual violation has occurred. Then, you need to ensure that you understand the CWA regulations and take steps to maintain compliance.
Our attorneys have experience representing private entities sued by citizens’ groups for alleged violations of stormwater and effluent discharge permits. We will also negotiate with enforcing agencies to resolve permit violations without further legal action. This often includes addressing the violation with cleanup, remediation, and preventive measures. Tropea McMillan, LLP, can help you respond to notices of violations with enforcement proceedings and create a compliance plan to ensure you do not violate the CWA regulations.
Effective Response Strategies When Facing a Clean Water Act (CWA) Enforcement Issue
1. Immediate Response to a Notice of Violation (NOV)
- Conducts a thorough legal review of the NOV to assess whether a violation has actually occurred.
- Determines if the allegations are valid or challengeable based on regulatory and technical grounds.
- Communicates with regulators on your behalf to clarify issues and seek early resolution before formal action is taken.
- Advises on whether corrective measures should be implemented immediately or strategically delayed while investigating legal defenses.
2. Evaluating Compliance & Gathering Evidence
- Conducts an internal compliance audit to identify gaps and determine whether violations have actually occurred.
- Reviews permits, past compliance reports, and operational records to assess regulatory status.
- Works with environmental consultants to collect scientific and technical evidence to challenge enforcement claims if necessary.
- Determines if the enforcement action is based on flawed data, incorrect legal interpretations, or regulatory overreach.
3. Negotiating with Regulatory Agencies
- Serve as the primary point of contact between you and regulatory agencies to avoid self-incrimination or miscommunication.
- Negotiate reduced penalties or alternative compliance measures to lessen financial burdens.
- Explore the possibility of a compliance agreement instead of formal enforcement action.
- Help draft and submit corrective action plans that satisfy regulatory requirements while protecting your business interests.
4. Defending Against Civil or Criminal Enforcement Actions
- Developing a strong legal defense against allegations of non-compliance, such as improper sampling methods, flawed testing procedures, or misinterpretation of regulations.
- Defending against civil penalties, which can reach $64,618 per day, per violation if not properly contested.
- In criminal cases, working to reduce or dismiss charges by proving a lack of intent or demonstrating compliance efforts.
- Representing you in court if the case escalates to litigation, ensuring your rights are protected.
5. Responding to Citizen Lawsuits
- Investigate whether the citizen group has standing to sue and if their claims have merit.
- Challenge lawsuits that are frivolous, exaggerated, or lacking evidence.
- Negotiate out-of-court settlements to avoid expensive and prolonged litigation.
- Develop a legal strategy to prevent future citizen suits, such as improved compliance practices and permit modifications.
6. Developing a Long-Term Compliance Strategy
- Creating a customized compliance plan to meet federal and state regulations.
- Helping to implement internal monitoring programs to detect potential violations before they become enforcement issues.
- Providing training for employees on environmental responsibilities and best practices.
- Applying for proper permits and ensuring renewal deadlines are met.
Get Ahead Of The Regulations
At Tropea McMillan, LLP, our environmental law attorneys guide private and public sector clients on how to comply with CWA regulations and fight and prevent them. We have worked with clients throughout San Diego County and across the state, and we understand how complex these regulations are. You can count on us to help you resolve any compliance or enforcement issues involving the Clean Water Act, the Safe Drinking Water Act, and the California Environmental Quality Act.
Contact Tropea McMillan, LLP, to learn more about how we can assist you in a water issue by calling (866) 977-8921 or sending an email.