California Codes

Cal. Water Code § 13376 (2026)

✓ current as of May 2026
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A person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state shall file a report of the discharge in compliance with the procedures set forth in Section 13260. Unless required by the state board or a regional board, a report need not be filed under this section for discharges that are not subject to the permit application requirements of the Federal Water Pollution Control Act, as amended. A person who proposes to discharge pollutants or dredged or fill material or to operate a publicly owned treatment works or other treatment works treating domestic sewage shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants or dredged or fill material or the operation of the treatment works. A person who owns or operates a publicly owned treatment works or other treatment works treating domestic sewage, which treatment works commenced operation before January 1, 1988, and does not discharge to navigable waters of the United States, shall file a report within 45 days of a written request by a regional board or the state board, or within 45 days after the state has an approved permit program for the use and disposal of sewage sludge, whichever occurs earlier. The discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits, is prohibited. This prohibition does not apply to discharges or operations if a state or federal permit is not required under the Federal Water Pollution Control Act, as amended.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1988–2022 · leading case: San Francisco Baykeeper v. WEST BAY SANITARY Dist., 791 F. Supp. 2d 719 (N.D. Cal. 2011).
San Francisco Baykeeper v. WEST BAY SANITARY Dist., 791 F. Supp. 2d 719 (N.D. Cal. 2011). “Count I asserts that Defendant is in violation of the CWA for discharging pollutants into waters of the United States without a permit; Count II asserts that Defendant *730 failed to comply with certain mandatory duties under the California Porter-Cologne Act, Cal. Water Code §…”
People v. Union Pac. R.R. Co., 2006 Cal. Daily Op. Serv. 7119 (Cal. Ct. App. 2006). “) Civil Code section 1714, subdivision (a) specifies that everyone is responsible for injury occasioned by the want of ordinary care or skill in the management of his or her property or person. The Water Code makes it unlawful to discharge pollutants, including hazardous…”
McClellan Ecological Seepage Situation v. Weinberger, 707 F. Supp. 1182 (E.D. Cal. 1988). “Count 18 — Water Code § 13376 Count 18 of the complaint alleges that McClellan has violated section 13376 of the California Water Code, which prohibits the “discharge of pollutants .”
People v. Ramsey, 2000 Cal. Daily Op. Serv. 2548 (Cal. Ct. App. 2000). “) Water Code section 13376 requires anyone who discharges, or proposes to discharge, a pollutant, dredged material, or fill into the navigable waters of the United States must file an appropriate report, unless the discharges are not subject to the federal Act.”
Dep't of Fin. v. Comm'n on State Mandates CA3 (Cal. Ct. App. 2022). “25; Wat. Code, §§ 13376, 19, 13050, subd. (c).”
Dept. of Fin. v. Comm'n on State Mandates (Cal. Ct. App. 2022). “25; Wat. Code, §§ 13376, 19, 13050, subd. (c).”
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