People ex rel. Younger v. F. E. Crites, Inc.

The McAteer-Petris Act, codified as sections 66600-66661, inclusive, of the Government Code, creates the San Francisco Bay Conservation and Development Commission which is commonly, and will hereafter be, described as “BCDC.” Sections 66604 and 66632 provide that any person “wishing to place fill, to extract materials, or to make any substantial change in use of any water, land or structure, within the area of the commission’s jurisdiction shall secure a permit from the commission . . . .” Violation of the statute is a misdemeanor (§ 66632, subd. (a)), and violators are subject to a penalty of not to exceed $6,000 for each day of the violation (§ 66641). The commission is authorized to “Sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction, including prohibitoiy and mandatory injunctions to restrain violations of [the McAteer-Petris Act].” (§ 66633, subd. (d).)

The Porter-Cologne Water Quality Control Act (Wat. Code, §§ 13020-13983, inclusive) establishes regional water quality control boards, one of which boards is for the San Francisco Bay region (§§ 13200, 13201). Section 13260 provides that: “Any person discharging…