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San Diego Region - Active Administrative Civil Liability Complaints

Administrative Civil Liability Complaint R9-2016-0155 against the City of San Diego. On July 18, 2016 the Assistant Executive Officer issued an ACL Complaint in the amount of $4,614,868 for alleged violations of San Diego Water Board Order No. R9-2007-0001. The San Diego Water Board Prosecution Team alleges that the City failed to implement the construction oversight requirements of Order No. R9-2007-0001. A hearing is tentatively scheduled for October 12, 2016 at the San Diego Water Board offices. For more information contact Rebecca Stewart at 619-516-1977 or Rebecca.Stewart@waterboards.ca.gov. (7/18/2016)

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)

UPDATE: On May 2, 2016, KB Home waived their right to a 90-day hearing. KB Home and the Prosecution Team have jointly proposed revised draft hearing procedures, and a hearing is now tentatively scheduled for August 10, 2016, in the City of Mission Viejo.

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)

UPDATE: A draft Tentative Order was released for public comment on July 20, 2016. The Public comment period is open between July 20, 2016 and noon on August 1, 2016. The Water Board anticipates considering and acting on the Tentative Order at its August 10, 2016 meeting. Contact Ms. Deborah Jayne at 619-521-8050 or Deborah.Jayne@waterboards.ca.gov of the San Diego Water Board Advisory Team for this matter for more information. (Updated 07/20/2016)

Tentative Order No. R9-2016-0064 Released July 20, 2016

Administrative Civil Liability Complaint No. R9-2015-0110

Documents developed after March 9, 2016 Hearing

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.