City of Brentwood v. Central Valley Regional Water Quality Control Board

The City of Brentwood challenges the imposition of $243,000 in mandatory minimum penalties for violations of the city’s waste-water discharge permit. We construe two provisions of the mandatory minimum penalty statute. We hold that the discharger bears the burden of proving that the exceptions in Water Code section 13385, subdivision OKI) relieve it of liability for violations that are subject to the mandatory minimum penalties. We also hold that “period of six consecutive months,” as that phrase is used in section 13385, subdivision (i),' is measured by looking at the 180-day period preceding each violation that potentially is subject to mandatory minimum penalties under that subdivision. We reject the city’s substantive due process challenge to the amount of the penalties and its procedural due process challenge to the underlying administrative proceedings. We affirm the judgment denying the city’s petition for a writ of mandate.

Factual and Procedural Background

The City of Brentwood (City) in Contra Costa County operates a wastewa-ter treatment plant that discharges into Marsh Creek, a tributary to the San Joaquin River and Delta. Treated wastewater from the plant…