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Garland Court Holds that Discharge into ditch/swale that Drain to Waters of the United States Sufficient to Trigger Clean Water Violation

By Agricultural Law Posted in Environmental and Land Use, Water Law, Water Quality

Garland v. Central Valley Regional Water Control Board, (3rd Dist. 12 C.D.O.S. 12051 filed Oct. 24, 2012)  involves the question of whether the discharge of storm water with sediment from a residential construction site constitutes a violation under the federal Clean Water Act.  The main issue was whether the adjacent ephemeral drainages encompassing swales, ditches, and culverts… Continue Reading