Overview

Archer Norris's wastewater and contaminants practice is a subset of its environmental practice group. The larger group specializes in all aspects of environmental law, from toxic and hazardous substances to California Environmental Quality Act and land use decision-making. The wastewater and contaminants practice brings that broad range of experience and focuses it on representing public agencies and private companies in NPDES permitting, enforcement and regulatory affairs.

Archer Norris represents clients throughout the state on these often site-specific issues. Archer Norris attorneys start with a well rounded knowledge of applicable laws and regulations, add a solid background of scientific and technical capabilities, and temper it all with their years of experience with regulatory and administrative agency interactions. The result is a group of attorneys that understand the technical and legal issues and can communicate them in terms comfortable to regulatory staff and decisions-makers.

Representative Matters

Wastewater and Contaminants Representative Matters

Sonoma County Water Agency

Archer Norris is represented this group of wastewater treatment systems against Clean Water Act claims arising out of collection system maintenance, overflows, and exfiltration brought by the citizens group Northern California River Watch. Archer Norris attorneys successfully obtained a dismissal of pending litigation to allow settlement discussions to proceed outside the confines of court-mandated schedules and adversarial posturing for the purposes of litigation. Settlement discussions focused on educating the plaintiff with regard to existing capital improvement plans and considerably narrowed the issues without significant concessions by the client. A settlement was finally achieved that required no additional capital expenditures by the client.

City of Healdsburg

This matter is currently pending before the United States Supreme Court on a Petition for Writ of Certiorari. Archer Norris is special counsel for the City of Healdsburg, defending against a citizens' suit that raises fundamental issues of Clean Water Act jurisdiction over surface water, and ground water, and wetlands, as well as the application of the regulatory "waste treatment exception." Archer Norris also represents Healdsburg with respect to permitting issues before the North Coast Regional Water Quality Control Board. Issues include application of the State's Anti-Degradation Policy and NPDES requirements. Despite the animosity inherent whenever litigation is involved, Archer Norris attorneys have facilitated settlement meetings and have begun to repair the damaged relationship between City and Regional Board staff. The parties are again talking and working toward finding a mutually acceptable solution.

City of Yuba City

As special counsel for Yuba City on permitting issues, Archer Norris successfully appealed permitting decisions of the Central Valley Regional Water Quality Control Board to the Stare Water Resources Control Board. Then, through judicious use of a collateral suit under the Public Records Act, Archer Norris negotiated a settlement that resulted in independent oversight of the remanded issues and a new permit that meets the client's needs.