Drinking Water Petitions for Reconsideration
Instructions for Filing Drinking Water Petitions
This question and answer document provides information on filing petitions. Any person who is aggrieved by an order or decision issued under Article 8 (commencing with Health and Safety Code section 116625) or Article 9 (commencing with Health and Safety Code section 116650), of the Safe Drinking Water Act (Chapter 4, Part 12, Division 104, of the Health and Safety Code) may file a petition with the State Water Board for reconsideration of the order or decision. In addition, any applicant for a permit to operate a public water system may petition to the State Water Board decisions and actions taken pursuant to Health and Safety Code section 116540.
The petition process applies to orders or decisions issued by the Deputy Director of the Division of Drinking Water, other officer or employee of the Division of Drinking Water, or by a Local Primacy Agency that has been delegated authority by the State Water Board pursuant to Health and Safety Code Section 116330. The petition process does not apply to orders or decisions adopted by the five member board at a board meeting. The petition process also does not apply to the imposition of enforcement costs, as they are not issued pursuant to Article 8 or 9 of the Safe Drinking Water Act.
Relevant statutory provisions concerning petitions can be found at Health and Safety Code Section 116701 et seq.
If you have any questions not covered by this question and answer document, please contact Pamela Downing, Legal Secretary, at (916) 341-5154.
What are the deadlines for filing a petition?
Petitions must be received by the State Board within 30 days of the issuance of the order or decision by 5:00 p.m. The date of issuance is the date the order or decision is signed. If the 30th day falls on a Saturday, Sunday, or state holiday, the petition is due the following business day by 5:00 p.m.
Where should petitions be sent?
Petitions may be delivered in person, by mail, fax or by email, as specified below. If the petition is emailed, please request a receipt to ensure it is timely received. The State Water Board requests that regardless of how the petition is sent, that a copy of the petition be sent via email in addition, if possible. Exhibits should not be sent by facsimile, but via hard copy or email.
| In Person:
State Water Resources Control Board Office of Chief Counsel 1001 "I" Street, 22nd Floor Sacramento, CA 95814 Attn: Pamela Downing, Legal Secretary |
By Mail:
State Water Resources Control Board Office of Chief Counsel P.O. Box 100 Sacramento, CA 95812-0100 Attn: Pamela Downing, Legal Secretary |
| By Fax: (916) 341-5199 |
By eMail: DrinkingWaterPetitions@waterboards.ca.gov |
Petitioners should send only ONE paper copy. There is NO filing fee.
What MUST be included in the petition?
- Name and address of the petitioner.
- A copy of the order or decision for which the petitioner seeks reconsideration.
- Identification of the reason the petitioner alleges the issuance of the order was inappropriate or improper.
- The specific action the petitioner requests the State Water Board take.
- A statement of points and authorities of the legal issues raised by the petition.
What should also be included in the petition?
- Telephone number and e-mail address (if available) of the petitioner.
Information regarding the reconsideration process.
Most petitions are resolved without an evidentiary hearing, and the State Water Board has discretion to determine whether to hold a hearing. You will be notified if the State Water Board decides to hold an evidentiary hearing on your petition.
The State Water Board may refuse to reconsider the order, decision, or action if the petition fails to raise substantial issues that are appropriate for review; may deny the petition upon a determination that the issuance of the order or decision, or action taken was appropriate and proper; may set aside or modify the order, decision, or action; or take other appropriate action. The action taken by the State Water Board will constitute the State Water Board's completion of its reconsideration.
Will the effect of the order or decision be stayed while the petition is being considered?
Filing a petition does not automatically stay in whole or in part the effect of the petitioned action. Petitioner must comply with the petitioned action while the petition is under review by the State Water Board. The State Water Board will only consider whether to stay in whole or in part the effect of the order or decision if a stay is requested in the petition by the petitioner. The State Water Board, upon notice and hearing, if a hearing is held, may stay in whole or in part the effect of the order or decision.
May I appeal the order or decision by filing a petition for writ of mandate in court rather than a petition for reconsideration with the State Water Board?
No. If an order is subject to reconsideration under the law, the filing of a petition for reconsideration is an administrative remedy that must be exhausted before filing a petition for writ of mandate under Health and Safety Code section 116625 or 116700.
