TWC STORAGE, LLC v. State Water Resources Control Bd.

Appellant TWC Storage, LLC (TWC), challenges the superior court’s denial of its petition for a writ of administrative mandate. TWC’s petition challenged the imposition of a $25,000 fine on it by respondent Regional Water Quality Control Board for the San Francisco Bay Region (the Regional Board). The fine was based on a chemical spill on TWC’s property that infiltrated the groundwater. TWC claims that the Regional Board abused its discretion in imposing the fine because neither the law nor the facts supported the imposition of the fine. TWC also contends that it was deprived of due process and a fair hearing at the administrative hearing before the Regional Board. In the published portion of our opinion, we conclude that the Regional Board properly applied the relevant statutes. In the remainder of our opinion, we reject TWC’s challenges to the conduct of the administrative hearing.

I. Factual Background

In 2004, TWC purchased real property (the property) which had been used in the 1970’s and 1980’s for semiconductor manufacturing. In 1987, the 3.28-acre property was identified as a “Superfund” site due to the presence of volatile organic chemicals (VOC’s) in the soil…