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San Diego Region - Active Administrative Civil Liability Complaints

Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order No. R9-2014-0044, In the Matter of Scripps Mesa Developers, LLC, Casa Mira View Project, San Diego County.

On December 16, 2014, the San Diego Water Board Prosecution Team and Scripps Mesa Developers, LLC (Parties) entered into an agreement to settle alleged violations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ, NPDES No. CAS000002 (Construction Storm Water Permit) at the Casa Mira View Project from October 2010 through January 2014. To resolve the alleged violations without formal administrative proceedings, the Parties engaged in confidential settlement negotiations in accordance with the State Water Resources Control Board Enforcement Policy and its penalty calculation methodology, and ultimately agreed to the final imposition of an administrative civil liability totaling $286,324. The San Diego Water Board is accepting written comments on Stipulated Order No. R9-2014-0044. Written comments are due by 5:00 p.m. on January 15, 2015. Written comments should be submitted as a text searchable PDF file to SanDiego@waterboards.ca.gov using “SM-727439:FMelbourn” in the subject line. For questions regarding this matter, please contact Frank Melbourn at (619) 521-3372 or Frank.Melbourn@waterboards.ca.gov

Complaint No. R9-2014-0063A1 for Administrative Civil Liability against Scrap Depot Collection, Recycling, & Container Services, 1921 Una Street, San Diego, California 92113, for Violation of Water Code Sections 13376, 13385, and 13399, State Water Board Order No. 97-03-DWQ, and federal Clean Water Act Section 301.

On September 22, 2014, the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) issued Complaint No. R9-2014-0063A1 against Scrap Depot Collection, Recycling & Container Services in the amount of $7,232 for violations of Water Code sections 13376, 13385, and 13399, State Water Board Order No. 97-03-DWQ, and the federal Clean Water Act. A hearing before the San Diego Water Board is scheduled for December 10, 2014. For more information contact Rebecca Stewart at 619-516-1977 or via email at Rebecca.Stewart@waterboards.ca.gov. (September 22, 2014)

Administrative Civil Liability Complaint No. R9-2013-0152 against the City of Encinitas and USS Cal Builders, Inc. for Violations of Construction and Municipal Storm Water Requirements from the Hall Property Park Project

UPDATE: The public hearing previously scheduled for February 12, 2014 has been postponed. A new 30 day public comment period will commence prior to this matter being heard before the San Diego Water Board. (Updated December 23, 2013)

On December 13, 2013 the San Diego Water Board’s Advisory Team issued Final Hearing Procedures that will govern the process for this proceeding unless/until they are suspended or modified by the San Diego Water Board through the Advisory Team. (Updated December 16, 2013)

On November 21, 2013, the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) issued ACL Complaint No. R9-2013-0152 against the City of Encinitas and USS Cal Builders, Inc. in the amount of $430,851 for discharging sediment to the MS4, Rossini Creek and San Elijo Lagoon and related violations of Order No. 2009-0009-DWQ and for the City's failure to adequately implement the Jurisdictional Urban Runoff Management Program construction component of San Diego Water Board Order No. R9-2007-0001 during construction of the Hall Property Park. A public hearing has been tentatively scheduled for February 12, 2014. For more information or to submit comments contact Rebecca Stewart at 619-521-3004 or via email at Rebecca.Stewart@waterboards.ca.gov. (Posted November 25, 2013)

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.