Legal Issues Associated with LOCSD Sewer Project
Lawsuits and appeals filed by CASE and other concerned citizens on behalf of Los Osos residents adversely impacted by the Los Osos Community Services District Sewer Project:
- CASE appeals the San Luis Obispo County Planning Commission decision of July 24, 2003 to approve of the Los Osos Community Services District Development Plan/Coastal Permit
- Concerned Citizens of Los Osos appeals the San Luis Obispo County Planning Commission decision of July 24, 2003
- Cal Cities challenges LOCSD Sewer Discharge Plan (for PDF copy of Cal Cities lawsuit, please click here).
- Petition for Writ of Mandate filed by local Los Osos residents against the California Coastal Commission, San Luis Obispo County and LOCSD.
- Federal lawsuit filed by local Los Osos residents against LOCSD in the United States District Court for the Central District of California Western Division alleging LOCSD acted to violate the Constitutional rights of plaintiffs.
Legal affidavits filed by:
State Law Regarding Water Quality:
PORTER-COLOGNE WATER QUALITY CONTROL ACT (Full)
With Additions and Amendments Effective January 1, 2000
California Water Code
Division 7. Water Quality
CHAPTER 1. POLICY
§ 13000. Legislative findingsThe Legislature finds and declares that the people of the state have a primary interest in the conservation, control, and utilization of the water resources of the state, and that the quality of all the waters of the state shall be protected for use and enjoyment by the people of the state.
The Legislature further finds and declares that activities and factors which may affect the quality of the waters of the state shall be regulated to attain the highest water quality which is reasonable, considering all demands being made and to be made on those waters and the total values involved, beneficial and detrimental, economic and social, tangible and intangible.
The Legislature further finds and declares that the health, safety and welfare of the people of the state requires that there be a statewide program for the control of the quality of all the waters of the state; that the state must be prepared to exercise its full power and jurisdiction to protect the quality of waters in the state from degradation originating inside or outside the boundaries of the state; that the waters of the state are increasingly influenced by interbasin water development projects and other statewide considerations; that factors of precipitation, topography, population, recreation, agriculture, industry and economic development vary from region to region within the state; and that the statewide program for water quality control can be most effectively administered regionally, within a framework of statewide coordination and policy.
§ 13001. Legislative intent
It is the intent of the Legislature that the state board and each regional board shall be the principal state agencies with primary responsibility for the coordination and control of water quality. The state board and regional boards in exercising any power granted in this division shall conform to and implement the policies of this chapter and shall, at all times, coordinate their respective activities so as to achieve a unified and effective water quality control program in this state.
§ 13002. Non-limiting clauses
No provision of this division or any ruling of the state board or a regional board is a limitation:
(a) On the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions, or limitations with respect to the disposal of waste or any other activity which might degrade the quality of the waters of the state.
(b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances.
(c) On the power of the Attorney General, at the request of a regional board, the state board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance.
(d) On the power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer.
(e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any contamination or pollution.
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