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CITY OF BRENTWOOD v. CENTRAL VALLEY WATER

No. A102819.

20 Cal.Rptr.3d 322 (2004)

123 Cal.App.4th 714

CITY OF BRENTWOOD, Petitioner and Appellant, v. CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD, Respondent.

Court of Appeals of California, First District, Division Five.

October 27, 2004.

Attorney(s) appearing for the Case

Meyers, Nave, Riback, Silver & Wilson, Kenton L. Alm, Andrea J. Saltzman and Julia L. Bond, Oakland, for petitioner and appellant.

Bill Lockyer, Attorney General, Mary Hackenbracht, Supervising Assistant Attorney General, Ellen Peter and Linda L. Berg, Deputy Attorneys General, for respondent.

CERTIFIED FOR PARTIAL PUBLICATION.*

GEMELLO, J.

The City of Brentwood challenges the imposition of $243,000 in mandatory minimum penalties for violations of the city's wastewater discharge permit. We construe two provisions of the mandatory minimum penalty statute. We hold that the discharger bears the burden of proving that the exceptions in Water Code section 13385, subdivision...

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