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San Diego Region - Active Administrative Civil Liability Complaints

Administrative Civil Liability Complaint R9-2017-0016 against Modern Stairways, Inc. On Mach 14, 2017 the Assistant Executive Officer issued an ACL Complaint to Modern Stairways, Inc. in the amount of $94,078 for alleged violations of State Water Board Order Nos. 97-03-DWQ and 2014-0057-DWQ. The San Diego Water Board Prosecution Team alleges that Modern Stairways, Inc. failed to implement effective best management practices to prevent pollutants in storm water discharges, failed to pay annual fees, failed to submit an annual report and failed to recertify for continued coverage under the updated industrial storm water general permit, Order No. 2014-0057-DWQ. A hearing is tentatively scheduled for May 30, 2017 at the San Diego Water Board offices. For more information contact Rebecca Stewart at 619-516-1977 or Rebecca.Stewart@waterboards.ca.gov. (3/20/2017)

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. (7/18/2016)

UPDATE:  On April 13, 2017, the City of San Diego (City) and San Diego Water Board Prosecution Team tentatively agreed to resolve the alleged violations described in ACL Complaint R9-2016-0155 without formal administrative proceedings. As a result, the City has agreed to the final imposition of administrative civil liability totaling $3,220,664. Of that amount, the City will pay $1,610,332 to the State Water Resources Control Board's Cleanup and Abatement Account, and $1,610,332 will be suspended upon the completion of four Supplemental Environmental Projects, as detailed in Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (Stipulated Order) No. R9-2017-0056.

The San Diego Water Board is accepting written comments on Stipulated Order No. R9-2017-0056. Written comments are due by 5:00 p.m. on May 15, 2017. Written comments should be submitted electronically to SanDiego@waterboards.ca.gov in text searchable PDF format, with the subject heading "R9-2017-0056 comments rstewart:225222". For more information, see the Notice of Public Hearing and 30-Day Written Comment Period. (4/13/2017)

UPDATE: On August 16, 2016, the City of San Diego submitted a signed waiver form requesting to enter into settlement negotiations with the San Diego Water Board Prosecution Team. The Advisory Team subsequently removed the public hearing from the October 12, 2016 Agenda and suspended the procedures indefinitely. (9/6/2016)

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. (05/05/2016)

UPDATE: The Public Hearing on ACL Complaint No. R9-2016-0092 against KB Home Settler's Point Project has been rescheduled from August 10 to September 14, 2016. (07/13/2016)

UPDATE: On August 19, 2016, the Advisory Team requested the Parties to submit Supplemental Briefings on the KB home matter. To accommodate this request, the KB Home ACL Public Hearing will not be held on September 14 and it has not been scheduled at this time. (08/29/2016)

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.