Malaga County Water District v. Central Valley Regional Water Quality Control BoardAnnotate this Case
This is one of several cases involving disputes between Malaga and the agencies involved in issuing and enforcing the permits necessary for Malaga to operate its waste treatment facility. In 2016, the Water Quality Board issued an administrative civil liability complaint (ACL) to Malaga, which resulted in a civil liability penalty of more than $1 million. In proceedings before the trial court, Malaga prevailed on the theory that the hearing procedure document utilized to control the proceedings constituted an improper underground regulation.
The Court of Appeal conclude that while portions of the hearing procedure constituted a void underground regulation, the trial court incorrectly remanded the matter without considering whether the use of those procedural regulations was harmless. Therefore, the court remanded the matter to the trial court to determine whether use of the void regulations was prejudicial and, if not, to resolve any further disputes in this matter.