California Water Code 13361 – (a) Every civil action brought under the provisions of this …
(a) Every civil action brought under the provisions of this division at the request of a regional board or the state board shall be brought by the Attorney General in the name of the people of the State of California and any of those actions relating to the same discharge may be joined or consolidated.
(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located.
Terms Used In California Water Code 13361
- County: includes city and county. See California Water Code 14
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Water Code 13050
- State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
- State board: means the State Water Resources Control Board. See California Water Code 13050
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(c) In any civil action brought pursuant to this division in which a regional board or the state board seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.
(Amended by Stats. 2016, Ch. 523, Sec. 4. (AB 2446) Effective January 1, 2017.)