California Stormwater Attorney

Stormwater requirements can affect how a California business operates, how a property is managed, and how a company responds to an enforcement threat. The Law Office of Jennifer F. Novak advises businesses and property owners on stormwater compliance and represents clients in Water Board enforcement matters and Clean Water Act citizen suits.

Find the permit or legal issue that fits your situation below. For a facility-specific concern, Get A Case Evaluation.

Received a stormwater demand letter or notice of intent to sue? Start with our 60-day notice response guide or explore help with a stormwater lawsuit.

Stormwater permits and legal issues

Clean Water Act 60-Day Notices

Review and advise on threatened citizen suits, assist with records preservation and analysis, develop a response before litigation begins, and negotiate responses.

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Clean Water Act Citizen Suits

Litigate stormwater lawsuits, work with consultants and experts, evaluate evidence and site compliance, and negotiate workable resolutions.

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Industrial General Permit

Legal guidance on coverage, pollution prevention plans, sampling obligations, and compliance disputes at industrial facilities.

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Construction General Permit

Legal support for developers, property owners, and contractors facing construction stormwater obligations or disputes.

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Water Board Enforcement

Defend against notices of violation, assist with information demands, negotiate resolutions involving proposed penalties and compliance orders.

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Winery Wastewater and Stormwater

Understand the separate requirements that can apply to winery process water and industrial stormwater.

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Advice on SMARTS Submissions

Review the legal implications of permit filings, certified reports, sampling records, and changes in responsibility.

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Los Angeles CII Stormwater Permit

Coverage, compliance options, and owner or operator responsibilities for qualifying commercial, industrial, and institutional properties in designated watersheds.

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Start with the question facing your business

I received a stormwater notice or demand letter

An agency notice and a private notice of intent to sue involve different processes and deadlines. Preserve the notice, its delivery information, and the relevant facility records. Continue required compliance work while obtaining advice about your response. Be aware that there are deadlines for responding, and you may want to obtain legal advice before engaging with the agency or claimant. Read what happens after a 60-day notice or what to do first after a Water Board notice of violation.

A permit may apply to my property

Coverage depends on site locations, activities, drainage, and other site-specific facts. Not every development project requires Construction General Permit coverage, and not every industrial activity requires Industrial General Permit coverage. The Los Angeles CII permit applies to certain properties in two designated watershed areas, including some properties that previously did not need coverage and some industrial properties already covered by another permit. Start with Does the New Los Angeles CII Stormwater Permit Apply to Your Property?

Our sampling or reporting has raised concerns

A laboratory result needs to be evaluated against the correct permit provision. An action level, an effluent limit, and a reporting requirement do not have the same legal effect or response requirements. Learn whether a numeric action level exceedance is a violation and how SMARTS records can become evidence.

Legal counsel that works with your technical team

For a broader comparison of agency enforcement and private notices, read our California industrial stormwater defense article.

Stormwater consultants and engineers help evaluate drainage, develop plans, collect samples, and design controls. Legal counsel addresses the obligations those technical findings create, the accuracy of allegations, and the allocation of responsibility among businesses, owners, operators, and contractors. We also frequently see a disconnect between consultants and permit holders that can lead to violations or attract the attention of citizen groups. We help clients make informed decisions about compliance and disputes.

Jennifer F. Novak previously served as a Deputy Attorney General with the California Department of Justice. The firm's water practice includes industrial stormwater compliance, defense of Clean Water Act notices and lawsuits, and construction stormwater enforcement matters. Learn more about Jennifer and the firm.

California stormwater counsel with statewide experience

We have handled stormwater matters in the Central Valley, Bay Area, Inland Empire, Orange County, Central Coast, and San Diego, as well as Los Angeles County. The applicable Regional Water Board, watershed, and permit must be identified for each site. A requirement that applies to one property may not apply to another property in the same city.

For legal help with a stormwater permit, enforcement notice, transaction, or lawsuit, Get A Case Evaluation. Please identify any pending deadline when contacting the firm.

This information is educational and is not legal advice. Contacting the firm does not establish an attorney-client relationship.

Questions after a stormwater letter

Stormwater guides and articles

• Does the New Los Angeles CII Stormwater Permit Apply to Your Property?
• CII Stormwater Permit Deadlines: What Property Owners Need to Know
• The Three CII Stormwater Compliance Options Explained
• Who Is Responsible for CII Compliance: Property Owner or Operator?
• Received a Clean Water Act 60-Day Notice? What Happens Next
• Water Board Notice of Violation: What California Businesses Should Do First
• SMARTS Records Can Become Evidence Against Your Facility
• Is a Numeric Action Level Exceedance Actually a Stormwater Violation?