Cal. Regional Water Quality Control etc. v. Balcom Ranch CA2/6

Filed 8/15/23 Cal. Regional Water Quality Control etc. v. Balcom Ranch CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

CALIFORNIA REGIONAL 2d Civil No. B313543 WATER QUALITY CONTROL (Super. Ct. No. 56-2017- BOARD OF LOS ANGELES, 00505151-CU-JR-VTA) (Ventura County) Plaintiff and Respondent,

v.

BALCOM RANCH,

Defendant and Appellant.

Balcom Ranch, a general partnership, purports to appeal an order of the Superior Court finding it in contempt after it failed to comply with a subpoena duces tecum issued by the California Regional Water Quality Control Board of Los Angeles (the Water Board). Conceding the contempt order is not appealable, Balcom Ranch urges us to treat the notice of appeal as a petition for writ of mandamus. Balcom Ranch waited more than two years after the Superior Court’s contempt order to seek writ or appellate review and has not shown any extraordinary

circumstances justifying the delay. In light of this unreasonable delay, we decline to exercise our discretion to treat the notice of appeal as a petition for writ of mandate and, accordingly, dismiss the appeal. Facts and Procedural History Balcom Ranch is a general partnership that owns a commercial citrus grove and row crop farm in Santa Paula. The Water Board requires commercial irrigated farming operations like Balcom Ranch to monitor and test the waste water they discharge. Farming operations are required to submit a Notice of Intent that details their plan to conduct the tests individually or as part of a “Discharger Group.” In late 2007, the Water Board issued a notice of violation to Balcom Ranch because it had failed to comply with requirements for testing its waste water discharge. Balcom Ranch did not respond to the notice or indicate its intent to comply with the requirements. The Water Board issued an administrative civil liability complaint (ACL) against Balcom Ranch in early 2010. In July 2011, after an administrative hearing, the Water Board’s hearing panel determined that Balcom Ranch had violated California Water Code, § 13260 by failing to comply with the waste discharge requirements. It assessed a penalty of $193,850 against Balcom Ranch. Balcom Ranch filed a petition in the Superior Court for a peremptory writ, arguing the proposed penalty was so excessive that it violated due process. In particular, Balcom Ranch objected that, in calculating the penalty, the Water Board had failed to consider its ability to pay the penalty and remain in business. The Superior Court granted the writ, vacating the penalty and remanding the matter to the Water Board to hold an