San Diego Region - Active Administrative Civil Liability Complaints
Administrative Civil Liability Complaint No. R9-2016-0092 against KB Home, Settler’s Point/Jackson Ridge residential development, Lakeside CA. On April 22, 2016, the Assistant Executive Officer issued an ACL Complaint in the amount of $875,166 for alleged violations of the federal Clean Water Act (CWA) Section 301 and California Water Code Section 13376. The San Diego Water Board Prosecution Team alleges that beginning in December 2014, KB Home’s construction activity resulted in the unauthorized fill to streams tributary to Los Coches Creek without obtaining a CWA Section 401 water quality certification. A hearing is tentatively scheduled for June 22, 2016 at the San Diego Water Board offices. For more information contact Christopher Means at (619) 521-3365 or Christopher.Means@waterboards.ca.gov. (4/22/2016)
- ACL Transmittal Letter
- ACL Complaint R9-2016-0092
- Technical Analysis
- Technical Analysis Appendices
- Proposed Hearing Procedures
- ACL Fact Sheet
- ACL Waiver Form
- Press Release
Administrative Civil Liability Complaint No. R9-2015-0166 against San Diego Association of Governments, Rail Projects Within the LOSSAN and Mid-Coast Corridor. On November 19, 2015, the Assistant Executive Officer issued the $50,000 ACL Complaint for alleged violations of the statewide Construction Storm Water Permit. On December 21, 2015, SANDAG submitted a waiver form waiving its right to have a hearing within 90 days so that it can engage in settlement discussions, including consideration of a supplemental environmental project, with the San Diego Water Board's Prosecution Staff. At the request of the parties, the Advisory Team canceled the hearing scheduled for February 10, 2016, and suspended the procedural schedule pending the outcome of settlement negotiations. For more information contact Rebecca Stewart at (619) 516-1977 or Rebecca.Stewart@waterboards.ca.gov.
UPDATE: On April 12, 2016, San Diego Association of Governments (SANDAG) waived its right to a public hearing and has agreed to pay the full $50,000 penalty recommended in ACL Complaint No. R9-2015-0166.
- ACL Transmittal Letter
- ACL Complaint
- ACL Technical Analysis
- ACL Complaint Fact Sheet
- Proposed Hearing Procedure
- Waiver of Public Hearing Form
- Signed Waiver of Public Hearing Form (12/21/2015)
- Advisory Team Determination
- Updated Waiver of Public Hearing Form (4/12/2016)
Administrative Civil Liability Complaint No. R9-2015-0110, San Altos-Lemon Grove, LLC, Valencia Hills Construction Site, Lemon Grove, CA. On October 19, 2015, the Assistant Executive Officer issued the $848,374 ACL Complaint for alleged violations of the statewide Construction Storm Water Permit. A hearing was held on March 9, 2016, at the San Diego Water Board Office. For more information contact Frank Melbourn at (619) 521-3372 or Frank.Melbourn@waterboards.ca.gov. (Updated 03/18/2016)
- Press Release
- Signed Waiver of Public Hearing Form (10/23/2015)
- Documents for Board Consideration at March 9, 2016 Hearing
Documents developed after March 9, 2016 Hearing
- Board Chair's Requirement for Revised Technical Analysis (03/11/2016)
- Prosecution Team Submittal of Revised Technical Analysis (03/18/2016)
- San Altos-Lemon Grove, LLC Response to Revised Technical Analysis (03/30/2016)
Supplemental Environmental Projects and Enhanced Compliance Actions
Responsible parties may satisfy portions of assessed civil liabilities by funding Supplemental Environmental Projects (SEPs) and/or Enhanced Compliance Actions (ECAs) that are acceptable to the San Diego Water Board. For information regarding the process and application materials, please visit http://www.waterboards.ca.gov/sandiego/publications_forms/available_documents/sep.shtml or contact Chiara Clemente at Chiara.Clemente@waterboards.ca.gov.
You may also visit the San Diego Water Board Meeting calendar for information about board meetings, upcoming public hearings, workshops, information items and other items being considered by the San Diego Water Board and associated comment periods.