60-Day Notice Response Guide
Received a Clean Water Act 60-Day Notice? What Happens Next
Practical next steps after a stormwater letter or notice of intent to sue.
Stormwater Legal & Compliance Center / Article
A Clean Water Act 60-day notice means the sender may file a citizen suit alleging violations at your facility. It is not a judgment that the allegations are correct.
After receiving a stormwater 60-day notice, preserve the notice and related records, identify the important dates, and arrange a prompt legal review. Continue required stormwater compliance while the allegations are investigated.
The goal is to understand exactly what is being alleged, what the facility records show, and what needs to happen next. Waiting until the end of the 60-day period can leave too little time to investigate the facts or evaluate settlement options.
First, establish what arrived and when
Keep the entire notice, including attachments, the envelope, tracking information, and related emails. Identify every entity and facility named in the notice. Make sure the people responsible for legal and environmental compliance receive it promptly.
Counsel should review whether the notice meets the Clean Water Act's requirements and calculate the relevant dates. The 60-day period generally runs from legally sufficient notice, not simply from the date someone at the company receives or forwards the letter. Do not assume that a telephone call, document request, or settlement discussion changes the statutory deadline.
If a lawsuit has already been served, that creates a separate court deadline. Send the complaint and service documents to counsel immediately.
Preserve the stormwater compliance record
Preserve the permit, enrollment records, SWPPP versions, sampling and laboratory records, inspection logs, maintenance records, photographs, and relevant communications. Records held by consultants and former employees may also need to be preserved.
Ask counsel whether a litigation hold is appropriate and whether routine document deletion should be suspended.
Do not change old records to make them look more favorable. If a record contains an error, preserve the original and correct it through a documented process. A complete record helps establish what happened, when it happened, and how conditions changed.
Match each allegation to the permit requirement
Our industrial stormwater defense article compares private notices with Water Board enforcement. For representation, see 60-day notice defense.
Break the notice down into individual allegations and identify the Clean Water Act or permit provision cited for each one. Different allegations require different evidence. A claim about inadequate stormwater controls, for example, may require different analysis from a claim involving missed sampling or reporting deadlines.
Confirm that the notice identifies the correct facility, permit, permit version, drainage areas, and activities.
The technical team can evaluate whether the notice accurately describes site conditions and stormwater data. Counsel can then evaluate how those facts relate to the legal claims. One favorable sampling result does not resolve a reporting violation, and an analytical exceedance does not automatically establish every violation alleged in the notice.
Continue compliance while the notice is being reviewed
A 60-day notice does not put stormwater permit obligations on hold. Continue required monitoring, inspections, reporting, and maintenance. If the facility has an ongoing condition requiring prompt action, coordinate appropriate protective measures with qualified technical professionals and document what was done.
Corrective work can be appropriate without agreeing that every allegation in the notice is correct. And completing corrective work within 60 days does not automatically prevent a citizen suit. The effect of corrective measures depends on the claims, timing, and facts of the particular case.
Review settlement proposals carefully
A response to a 60-day notice should be accurate, focused, and supported by the available evidence. Avoid speculation about the cause of a problem or promises about corrective work before the technical team has determined what is feasible.
If the sender proposes a settlement, look beyond the amount of any payment. A settlement may require monitoring, reporting, site access, construction, maintenance, or other obligations that continue for years. Make sure those requirements are clear, achievable, and consistent with the facility's other regulatory obligations.
Insurance policies and contracts should also be reviewed for applicable notice requirements, defense obligations, indemnities, or cost-sharing provisions. Do not assume that insurance or contractual rights will cover the matter without reviewing the actual documents.
Be prepared for either resolution or litigation
Some Clean Water Act 60-day notices lead to settlement discussions. Others result in a lawsuit. Either way, the business should understand which facts are disputed, what compliance work is underway, and what deadlines apply.
If a lawsuit is filed, counsel can evaluate the claims, jurisdiction and standing issues, requested relief, and available defenses. Government involvement or completed corrective work may be relevant, but neither automatically resolves a private citizen suit.
Frequently asked questions
What if the letter is from Los Angeles Waterkeeper or Orange County Coastkeeper?
Begin with the letter itself, not just the sender’s name. Keep every page and attachment, record how and when it arrived, and identify the facility, permit requirements, and dates cited. Ask counsel to determine whether it is a Clean Water Act notice of intent to sue and which deadlines apply.
Preserve the relevant facility records and continue required inspections, sampling, and reporting. Coordinate substantive responses or settlement discussions with counsel. If a complaint has already been served, provide those documents too; the court response deadline is separate from the notice period.
Should we contact the sender ourselves?
Coordinate substantive communications with counsel, particularly when the notice makes detailed legal allegations. Routine receipt confirmation is different from admitting facts or agreeing to terms.
Will the Water Board handle the notice for us?
Do not assume so. A citizen notice is part of a private enforcement process. The business remains responsible for its own response and ongoing permit duties. While the Water Board has authority to step in, this rarely occurs.
For representation, see 60-day notice defense or Get A Case Evaluation. This information is educational and does not establish an attorney-client relationship or extend a deadline.
Discuss Your 60-Day Notice
Identify the named facility and the notice date. Contacting the firm does not extend the notice period or a court deadline.