Cannabis Cultivation/Land Development: North Coast Regional Water Quality Control Board (California) Settlement Addresses Graded Roads/Pads

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The North Coast Regional Water Quality Control Board (“Board”) announced in a June 12 news release settlement of a lawsuit with four developers who are alleged to have graded roads and pads in Trinity County, California without obtaining required permits.

The Board states that some of the properties were sold to cannabis cultivators.

A Stipulated Final Judgment was entered on May 31 with the entities and individuals to resolve a lawsuit filed in Superior Court of the State of California (County of Trinity).

The Stipulated Final Judgment states in the Section entitled “Admission of Liability” that:

Defendants admit that their conduct in developing certain properties in Trinity County resulted in actual discharges of silt, soil, and other materials into waterways in the Indian Creek watershed. Defendants further admit that their conduct in developing certain properties in Trinity County resulted in deposits of silt, soil, and other materials placed in locations where they could pass into a stream or watercourse in the basin in quantities which could be deleterious to fish, wildlife, or other beneficial uses. Defendants admit that such actions give rise to liability under the California Water Code.

While investigated by the Board, the California Department of Justice filed the lawsuit on behalf of the Board, in coordination with the State Water Resources Control Board’s Office of Enforcement.

A civil penalty of $325,000 was assessed. A copy of the news release and Stipulated Final Judgment can be downloaded below.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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