SECTIONS 13330-13331.2 - California Statutes

WATER CODE

SECTION 13330-13331.2

13330. (a) Not later than 30 days from the date of service of a
copy of a decision or order issued by the state board under this
division, other than a decision or order issued pursuant to Article 7
(commencing with Section 13550) of Chapter 7, any aggrieved party
may file with the superior court a petition for writ of mandate for
review thereof. An aggrieved party must file a petition for
reconsideration with the state board to exhaust that party's
administrative remedies only if the initial decision or order is
issued under authority delegated to an officer or employee of the
state board and the state board by regulation has authorized a
petition for reconsideration.
(b) A party aggrieved by a final decision or order of a regional
board subject to review under Section 13320 may obtain review of the
decision or order of the regional board in the superior court by
filing in the court a petition for writ of mandate not later than 30
days from the date on which the state board denies review.
(c) The time for filing an action or proceeding subject to Section
21167 of the Public Resources Code for a person who seeks review of
the regional board's decision or order under Section 13320, or who
seeks reconsideration under a state board regulation authorizing a
petition for reconsideration, shall commence upon the state board's
completion of that review or reconsideration.
(d) If no aggrieved party petitions for writ of mandate within the
time provided by this section, a decision or order of the state
board or a regional board shall not be subject to review by any
court.
(e) Except as otherwise provided herein, Section 1094.5 of the
Code of Civil Procedure shall govern proceedings for which petitions
are filed pursuant to this section. For the purposes of subdivision
(c) of Section 1094.5 of the Code of Civil Procedure, the court shall
exercise its independent judgment on the evidence in any case
involving the judicial review of a decision or order of the state
board issued under Section 13320, or a decision or order of a
regional board for which the state board denies review under Section
13320, other than a decision or order issued under Section 13323.
(f) A party aggrieved by a decision or order issued by the state
board under Article 7 (commencing with Section 13550) of Chapter 7
may petition for reconsideration or judicial review in accordance
with Chapter 4 (commencing with Section 1120) of Part 1 of Division
2.
(g) For purposes of this section, a decision or order includes a
final action in an adjudicative proceeding and an action subject to
Section 11352 of the Government Code, but does not include an action
subject to Section 11353 of the Government Code or the adoption,
amendment, or repeal of a regulation under Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.

13331. (a) Upon the failure of any person or persons to comply with
any cease and desist order issued by a regional board or the state
board, the Attorney General, upon request of the board, shall
petition the superior court for the issuance of a preliminary or
permanent injunction, or both, as may be appropriate, restraining
such person or persons from continuing the discharge in violation of
the cease and desist order.
(b) The court shall issue an order directing defendants to appear
before the court at a time and place certain and show cause why the
injunction should not be issued. The court may grant such prohibitory
or mandatory relief as may be warranted.

13331.2. The provisions of Assembly Bill 3036 of the 1995-96
Regular Session, which, among other things, amended provisions of
this chapter, do not apply to any proceeding for the judicial review
of a decision or order of the state board that is pending on December
31, 1996, and the applicable law in effect on that date shall
continue to apply to that proceeding.