Pending Enforcement Liabilities & Penalties

This web page provides a summary of enforcement cases that are pending action by the San Francisco Bay Water Board to assess an administrative civil liability or a mandatory minimum penalty. To access documents associated with each case go to Enforcement Case Documents or click on the DISCHARGER/RESPONSIBLE PARTY link that is provided for each case:

• Current Administrative Civil Liability Cases
• Current Mandatory Minimum Penalty Cases
• Current Expedited Payment Program for Late Reports

For more information on our enforcement procedures and process, go to our Enforcement program web page.

Current Administrative Civil Liability Cases

DISCHARGER/RESPONSIBLE PARTY: County of Alameda
FACILITY/SITE LOCATION: Castro Valley Library Project, Alameda County
ALLEGED VIOLATION: Failue to obtain coverage under the Construction General Permit prior to commencement of construction and failed to proerly implement and maintain an effective combination of erosion and sediment controls during construction.
PROPOSED PENALTY: $35,000
CURRENT STATUS: Final Order has been issued


DISCHARGER/RESPONSIBLE PARTY: City of Napa
FACILITY/SITE LOCATION: Trancas Crossing Park, Napa County
ALLEGED VIOLATION: Alleged failure to timely obtain Statewide NPDES Construction Stormwater General Permit coverage and alleged failure to comply with the conditions of the project's Clean Water Act 401 Water Quality Certification.
PROPOSED PENALTY: $20,000
CURRENT STATUS: A Tentative (settlement) Order has been issued; the public comment period is closed and staff are processing comments or a settlement Order is pending.


DISCHARGER/RESPONSIBLE PARTY: Guadalupe Rubbish Disposal Co., Inc.
FACILITY/SITE LOCATION: 15999 Mines Road, San Jose, Santa Clara County
ALLEGED VIOLATION: Discharged 86,220 gallons of storm water contaminated with landfill gas condensate to an unnamed tributary of McAbee Creek
PROPOSED PENALTY: $882,200
CURRENT STATUS: An Administrative Civil Liability Complaint has been issued and the discharger waived its right to a hearing within 90 days; there will be a future opportunity to comment on a settlement or attend a public hearing regarding this case.


DISCHARGER/RESPONSIBLE PARTY: Union Oil Company of CA/Atlantic Richfield Company
FACILITY/SITE LOCATION: 401 and 411 High Street, Oakland, Alameda County
ALLEGED VIOLATION: Failure to timely submit an acceptable remedial action plan.
PROPOSED PENALTY: $154,307
CURRENT STATUS: An Administrative Civil Liability Complaint has been issued and the discharger waived its right to a hearing within 90 days; there will be a future opportunity to comment on a settlement or attend a public hearing regarding this case


DISCHARGER/RESPONSIBLE PARTY: Friendly Cab Company, Inc.
FACILITY/SITE LOCATION: 4849 East 12th Street, Oakland, Alameda County
ALLEGED VIOLATION: Not submitting an Annual Report and storing leaking vehicles in the open, near and adjacent to storm drain inlets.
PROPOSED PENALTY: $100,400
CURRENT STATUS: An Administrative Civil Liability Complaint has been issued and the discharger waived its right to a hearing within 90 days; A settlement agreement has not been reached. This case is scheduled for a Board meeting on Febuary 8, 2012.


DISCHARGER/RESPONSIBLE PARTY: Lehigh Southwest Cement Company
FACILITY/SITE LOCATION: 24001 Stevens Creek Boulevard, Cupertino, Santa Clara County
ALLEGED VIOLATION: Unauthorized discharge of sediment-laden water to Permanente Creek
PROPOSED PENALTY: $10,000
CURRENT STATUS: An Administrative Civil Liability Complaint has been issued and the discharger waived its right to a hearing within 90 days; there will be a future opportunity to comment on a settlement or attend a public hearing regarding this case.


DISCHARGER/RESPONSIBLE PARTY: East Bay Municipal Utility District
FACILITY/SITE LOCATION: Sausal Creek, Oakland, and Reliez Valley Creek, Lafayette
ALLEGED VIOLATION: Illicit discharge of partially treated chlorinated water into Sausal Creek and Reliez Valley Creek
PROPOSED PENALTY: $72,000
CURRENT STATUS: A Tentative (settlement) Order has been issued; the public comment period is closed and staff are processing comments.


DISCHARGER/RESPONSIBLE PARTY: Novato Sanitary District
FACILITY/SITE LOCATION: Novato Collection System, Novato, Marin County
ALLEGED VIOLATION: Discharging 453,025 gallons raw sewage to surface waters. These violations occurred from September 24, 2007, to February 28, 2010.
PROPOSED PENALTY: $ 287,500
CURRENT STATUS: An Administrative Civil Liability Complaint has been issued and the discharger waived its right to a hearing within 90 days; there will be a future opportunity to comment on a settlement or attend a public hearing regarding this case.


DISCHARGER/RESPONSIBLE PARTY: County of Alameda
FACILITY/SITE LOCATION: Unincorporated County of Alameda
ALLEGED VIOLATION: Failure to Comply with NPDES Municipal Stormwater Requirements
PROPOSED PENALTY: $522,429
CURRENT STATUS: An Administrative Civil Liability Complaint has been issued and the discharger waived its right to a hearing within 90 days; there will be a future opportunity to comment on a settlement or attend a public hearing regarding this case.

Current Mandatory Minimum Penalty Cases

The San Francisco Bay Water Board Prosecution Team issued a Conditional Offer to the Raytheon Company to settle discharge limit violations from the Raytheon Groundwater Treatment System located at 350 Ellis Street, Mountain View, Santa Clara County, CA 94043. The settlement involves the payment of statutory mandated minimum penalties. The Raytheon Company has accepted the Prosecution Team's offer and agreed to waive its right to a hearing and pay the associated penalties. The public comment period is open until 5:00 p.m. on 3/2/2012.

• Transmittal Letter
• Waiver

Current Expedited Payment Program for Late Reports

• There are no Expedited Payment Programs for Late Reports at this time