Clean Water Act lawyer guidance for legal solutions

Federal water quality regulation begins with the Clean Water Act, which establishes minimum nationwide standards to protect surface waters. In California, however, compliance rarely stops at the federal level. The state operates under a delegated program that adds layers of requirements and enforcement mechanisms that many businesses do not encounter elsewhere. As a result, property owners, developers, manufacturers, and municipalities often discover compliance issues only after a project is already underway, an inspection occurs, or a lawsuit is threatened. Identifying these obligations early matters. Missed permits, delayed approvals, and enforcement actions for unpermitted discharges or noncompliant stormwater controls can quickly lead to significant penalties and costly project delays.

In California, primary authority for water quality regulation rests with the State Water Resources Control Board and the nine Regional Water Quality Control Boards, which administer Clean Water Act programs at both the state and regional levels. These agencies oversee industrial, municipal, and construction stormwater permits; regulate discharges to surface water and groundwater; and enforce cleanup and monitoring obligations at contaminated sites. Common business activities—such as redeveloping formerly industrial property, managing stormwater runoff from commercial facilities, or addressing subsurface contamination—often trigger overlapping state and federal requirements. Determining which permits apply, and which agency has enforcement authority, can significantly affect project timelines, compliance strategies, and potential liability. When regulatory issues become complex or enforcement risk increases, experienced environmental counsel can help businesses navigate stormwater compliance obligations and respond strategically to agency oversight.

Congress enacted the Clean Water Act in 1972 to control the discharge of pollutants—including sewage and industrial waste—into the nation’s waters and to establish baseline water quality standards. The Act created the National Pollutant Discharge Elimination System (NPDES), the permitting framework that governs discharges to surface waters. In California, the U.S. Environmental Protection Agency has delegated most NPDES authority to the state. That delegation means businesses do not typically deal directly with federal regulators; instead, they must comply with California-issued permits and enforcement procedures that implement federal law through state agencies.

California goes further. Under the Porter-Cologne Water Quality Control Act, the state may impose water quality requirements that are more stringent than federal minimums. The State Water Resources Control Board and the nine Regional Water Quality Control Boards use this authority to regulate stormwater discharges, site cleanups, and groundwater impacts even where federal law might not independently require action. As a result, a single project—such as industrial operations, construction activity, or redevelopment of a previously contaminated property—can trigger multiple permitting and reporting obligations. Businesses may need to coordinate with more than one regulatory body and maintain ongoing compliance long after initial approvals are issued. Understanding how federal and state water quality laws interact is essential to managing risk, maintaining stormwater compliance, and avoiding enforcement exposure.

Businesses often encounter compliance problems under California’s implementation of the Clean Water Act not because of intentional misconduct, but due to operational breakdowns or gaps in site management. Equipment failures, inadequate stormwater controls, and construction activities that do not align with permit conditions frequently trigger enforcement attention. In California, discharges associated with industrial operations, construction projects, and municipal systems typically require coverage under the NPDES program through state-issued permits. Maintaining that coverage requires ongoing compliance, documentation, and monitoring—not just obtaining a permit at the outset of a project.

California also regulates water quality impacts that extend beyond traditional discharge permits. Projects that affect wetlands, streams, or other aquatic features may require water quality certification under Section 401 of the Clean Water Act, administered at the state level. At the same time, the Regional Water Quality Control Boards regularly issue investigation, cleanup, and monitoring orders where stormwater runoff or historical contamination threatens surface water or groundwater. Evolving regulatory priorities, including increased scrutiny of per- and polyfluoroalkyl substances (PFAS), add further complexity for facility owners and operators.

For property owners, developers, and businesses operating in California, these issues often surface at transaction points—acquisitions, redevelopment, or changes in site use—or after inspections and third-party complaints. California’s definition of regulated waters and discharge obligations does not always align neatly with federal interpretations, particularly in light of recent court decisions that narrowed federal jurisdiction but left state authority intact. As a result, activities that no longer require federal permits may still trigger state stormwater or water quality requirements. Understanding these distinctions is critical to avoiding enforcement actions, managing compliance costs, and keeping projects moving forward.

Who Is Affected by Water Regulations in California?

The reach of the Clean Water Act—as implemented in California—is broader than many businesses expect. Compliance obligations extend well beyond large industrial facilities and municipal wastewater treatment plants. Depending on the activity and location, a wide range of property owners, operators, and public entities may be subject to permitting, monitoring, or enforcement requirements.

Commonly affected parties include:

• Industrial and commercial facilitiesthat generate process wastewater or discharge stormwater associated with industrial activity, which typically requires coverage under a state-issued industrial stormwater or wastewater NPDES permit.
• Construction site owners and operators, including developers and general contractors, where one acre or more of soil disturbance occurs, triggering coverage under California’s Construction General Permit and associated stormwater best management practices.
• Developers and property owners redeveloping formerly contaminated sites, including brownfields, where past or ongoing contamination may require coordination with water boards for investigation, cleanup, or post-cleanup monitoring.
• Public agencies and special districtsresponsible for municipal stormwater systems, flood control infrastructure, or wastewater conveyance, which are regulated through MS4 and related permits.
• Landowners and project proponentswhose activities affect streams, wetlands, or other aquatic features, including ephemeral or intermittent waters, and who may need state water quality authorization even when federal permits are not required.
• Businesses that handle hazardous materials, where stormwater exposure, spills, or legacy contamination can trigger oversight by Regional Water Quality Control Boards, separate from CUPA or DTSC programs.
• Companies and property owners named in citizen suits, where alleged violations of permit conditions, discharge prohibitions, or monitoring requirements lead to litigation under the Clean Water Act.

A common misconception: “Only factories need to worry about Clean Water Act compliance.”

In reality, California water quality regulation frequently applies to smaller construction projects, commercial developments, logistics facilities, and redevelopment sites—often without any direct discharge to a river or lake. Under the state’s implementation of the Clean Water Act and the Porter-Cologne Water Quality Control Act, stormwater runoff, subsurface discharges, and impacts to groundwater can all trigger regulatory obligations. Recognizing these risks early allows businesses and property owners to plan effectively, manage compliance costs, and avoid enforcement surprises.

Why Legal Guidance Matters

In California, compliance with the Clean Water Act often requires navigating layered regulatory programs, evolving interpretations, and long-term operational obligations. Authority is shared among federal agencies, the State Water Resources Control Board, and the nine Regional Water Quality Control Boards, with meaningful differences in how rules are applied from one region to another. Small missteps—missed permit coverage, incomplete monitoring, or delayed responses—can lead to enforcement actions, third-party litigation, or project delays that are costly to unwind after the fact.

Environmental legal counsel plays a practical role in helping businesses understand and manage these risks, including by:

• Evaluating past and current site activities to determine whether regulated discharges—such as stormwater, wastewater, or subsurface releases—are occurring or could occur.
• Working alongside environmental consultants during Phase I and Phase II investigations to identify water quality issues that may affect permitting, redevelopment, or ongoing operations.
• Interpreting regulatory communications and facilitating productive dialogue with Water Board staff when requirements are unclear or disputed.
• Responding to notices of violation, cleanup and abatement orders, or other enforcement actions, and advising on compliance strategies that align with operational realities.
• Structuring real estate and business transactions to allocate water quality compliance responsibilities, address legacy contamination, and manage indemnity and insurance considerations.
• Preparing, submitting, and supporting permit applications, certifications, and corrective action plans before state and regional agencies.
• Advising on how regulatory developments—such as increased scrutiny of PFAS—may affect facilities that were previously in compliance.
• Assisting with investigation, remediation, and long-term management obligations at contaminated sites where surface water or groundwater is implicated.

Legal involvement becomes particularly important when technical consultants alone cannot address regulatory exposure, when confidentiality matters, or when compliance decisions may have long-term legal and financial consequences.

When Early Legal Input Is Especially Helpful

Certain situations benefit from early legal review, even before formal enforcement begins:

• Receipt of a notice of violation, enforcement letter, or information request from a Water Board or the U.S. Environmental Protection Agency.
• Transactions involving property with known or potential contamination that could affect groundwater, surface water, or stormwater runoff.
• Project planning or construction activities that may affect wetlands, streambeds, or drainage features, including those that flow only seasonally.
• Uncertainty about whether site conditions trigger jurisdiction under evolving interpretations of regulated waters.
• Submission—or preparation for submission—of permits, certifications, monitoring reports, or corrective action plans.
• Operational changes at an existing facility, such as new materials, altered processes, or expanded site use, that could affect permit coverage.
• Questions arising from new or emerging contaminants, including PFAS, and how screening or monitoring expectations apply to a particular site.
• Receipt of, or concern about, a citizen suit notice alleging violations of Clean Water Act requirements.

Early involvement often matters most during due diligence and project planning, when legal review can help shape compliance strategies, transaction terms, and risk allocation before positions harden or enforcement timelines begin to run.

Effective counsel in this area must understand both federal Clean Water Act principles and the distinct way California applies and expands those requirements under state law. That work often involves translating technical data from engineers and scientists into legal strategies that regulators, courts, and business decision-makers can rely on—long before disputes escalate.

Key Factors to Evaluate When Legal Issues Arise

When water quality or stormwater compliance issues surface, the choice of legal advisor can materially affect outcomes. California’s regulatory structure is distinct, and experience in this space requires more than familiarity with statutory text. Meaningful evaluation often includes the following considerations:

• Experience with California water agencies, including theState Water Resources Control Board, the Regional Water Quality Control Boards, and **Certified Unified Program Agencies (CUPAs), which frequently intersect with stormwater, hazardous materials, and site investigation issues.
• Demonstrated coordination with technical professionals, such as environmental engineers and hydrogeologists, to interpret site data, evaluate discharge pathways, and assess water quality risks in a regulatory context.
• Practical experience engaging with regulators, including negotiations with theS. Environmental Protection Agency and state agencies on permitting, compliance strategies, and enforcement matters.
• Ability to integrate water quality requirements into transactions and development projects, including real estate acquisitions, lending, redevelopment, and long-term site operations.
• Experience addressing public participation and third-party challenges, including public comments on permits and litigation brought under Clean Water Act citizen suit provisions.
• Current awareness of evolving regulatory priorities, such as increased scrutiny of stormwater discharges, groundwater impacts, and emerging contaminants, and how those priorities affect previously permitted or legacy sites.

Common Areas Where Legal Guidance Is Sought

Legal advice in this area is often focused on helping businesses make informed, defensible decisions rather than reacting after enforcement begins. Common issues include:

• Evaluating which stormwater best management practices are required—or advisable—under industrial or construction stormwater permits.
• Determining whether a spill, release, or site condition qualifies as a regulated discharge under current federal and state interpretations.
• Developing response strategies for threatened or pending enforcement actions by agencies or third parties.
• Allocating cleanup responsibility, compliance obligations, and financial risk in real estate or corporate transactions.
• Coordinating with regulators to address compliance issues while managing parallel investigations, corrective actions, or penalty exposure.
• Integrating site assessments, sampling plans, monitoring obligations, and reporting requirements into ongoing operations with the support of qualified consultants.
• Addressing future cleanup or water quality obligations when land use changes or ownership transfers.

Because water quality regulation in California is highly site-specific, compliance approaches often depend on location, historical use, applicable permits, and regional enforcement priorities. Clear legal guidance early in the process can help define regulatory obligations, control costs, and support continued productive use of property while maintaining compliance with state and federal water quality laws.

FAQ

What does the Clean Water Act do in California?

The Clean Water Act sets national rules to protect rivers, lakes, and streams. In California, those rules are mostly enforced by state agencies, not the federal government. That often means stricter requirements and more oversight than in other states.

Who needs to worry about Clean Water Act compliance?

Not just factories or wastewater plants. In California, construction projects, industrial and commercial sites, redevelopment properties, public agencies, and even some property owners can have obligations—especially where stormwater runoff, groundwater, or past contamination is involved.

When should I talk to a lawyer about water or stormwater issues?

It’s usually helpful before a problem escalates. Common trigger points include project planning, inspections, permit applications, redevelopment, property transactions, or receiving a notice from a regulator or third party.

What does a Clean Water Act lawyer actually help with?

Most work involves explaining which permits apply, helping respond to agency inquiries or enforcement, supporting permit and certification applications, coordinating with environmental consultants, auditing compliance, and negotiating with environmental groups who may threaten citizen lawsuits. Lawyers also help manage water-related risks in real estate and business deals.

How are California’s water rules different from federal rules?

California can regulate more broadly than federal law allows. Activities that don’t require federal permits may still need approval from the State Water Resources Control Board or one of the Regional Water Quality Control Boards, especially for stormwater or groundwater impacts.

Can I have stormwater problems even if my site has been operating for years?

Yes. Permits change, enforcement priorities shift, site operations evolve, and trusted employees leave. Facilities that were once compliant can also face new expectations, particularly around monitoring, reporting, or emerging contaminants like PFAS.

How do water quality rules affect real estate deals or redevelopment?

Water issues often come up during due diligence. Existing permits, unmanaged stormwater, settlement terms, or old contamination can affect financing, project timing, and liability. Reviewing these issues early helps avoid surprises after closing.

What is a Clean Water Act citizen suit?

Citizen suits allow private parties to sue over alleged Clean Water Act violations after giving notice. These cases often focus on stormwater permit violations or reporting issues. Early legal review can help assess risk and response options. Waiting too long can subject a business to penalties and even the plaintiff’s attorney fees.