March 22, 2020
On March 20, 2020, the State Water Resources Control Board and the Regional Water Boards issued an update advising that facilities must continue to comply with all water board orders and requirements notwithstanding any “shelter-in-place” restrictions that may be imposed by state or local governments.
The update, which can be found here, expresses the view that compliance with board-issued requirements is an “essential function” within the meaning of recent public health orders and that activities necessary to maintain compliance are exempt from shelter-in-place and related coronavirus restrictions.
This means that facilities subject to water board-issued requirements, including the Industrial General Stormwater Permit, must continue to sample, monitor, report, and perform other compliance functions. If a facility or its employees are unable to meet these requirements due to governmental restrictions associated with the coronavirus, they must inform water board staff by email.
We will keep our clients and the community apprised of any future updates.
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Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California.
© 2020 – Harrison, Temblador, Hungerford & Guernsey LLP. All rights reserved. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice.