Joseph

The instant appeal of David C. Joseph, as Executive Director of the North Coast Regional Water Quality Control Board (Regional Board), is from the Mendocino County Superior Court’s order vacating an administrative “inspection warrant” issued under the purported authority of Code of Civil Procedure sections 1822.50-1822.57, inclusive.

The issue concerns the nature of probable cause upon which such an inspection warrant may issue, in order that the Regional Board may ascertain whether the purposes of the Porter-Cologne Water Quality Control Act (Wat. Code, div. 7, §§ 13000-13983, inclusive, hereafter sometimes the Act) are being complied with. (Hereafter statutory references, unless otherwise noted, will be to the Act, as codified by the Water Code.)

A public policy of this state is declared by the Act (§ 13000): “The Legislature finds and declares that the people of the state have a primary interest in the conservation, control, and utilization of the water resources of the state, and that the quality of all the waters of the state shall be protected for use and enjoyment by the people of the state. ...”

Among other things, Regional Water Quality Control Boards are…