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



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

Tentative Cease and Desist Orders

A cease and desist order is being considered for the Stevens Creek Quarry, Inc., Cupertino Quarry in the City of Cupertino, Santa Clara County. The cease and desist order would require actions to address foreseeable non-compliance with the draft NPDES permit also being considered for discharges from the Cupertino Quarry. To access the draft permit and cease and desist order, go to Tentative Orders.

Current Administrative Civil Liability Cases


Discharger or Responsible Party: Stuart and Eric Depper
Alleged Violation: Failure to submit technical reports.
Proposed Penalty: $88,000
Current Status: An Administrative Civil Liability Complaint and a Site Cleanup Requirement have been issued; Remediation of the site is in progress and there will be a future opportunity to comment on a settlement or attend a public hearing regarding this case.

Discharger or Responsible Party: City of Sunnyvale
Alleged Violation: Alleged discharge of 292,600 gallons of partially-treated wastewater from its Sunnyvale Water Pollution Control Plant on July 29, 2020, to waters of the United States.
Proposed Penalty: 187,000
Current Status: A Stipulated Order has been adopted; the public comment period is closed.

Discharger or Responsible Party: Martinez Refining Company LLC
Alleged Violation: NPDES Permit effluent limitations discharge violations
Proposed Penalty: 120,000
Current Status: A Tentative (settlement) Order has been issued; the public comment period is open until April 26, 2021, at 5:00 p.m.

Discharger or Responsible Party: Lehigh Southwest Cement Company
Alleged Violation: Unauthorized Chlorinated Water Discharges
Proposed Penalty: 60,000
Current Status: A Tentative (settlement) Order has been issued; the public comment period is open until April 28, 2021, at 5:00 p.m.

Discharger or Responsible Party: Republic Services, Inc and West Contra Costa Sanitary Inc.
Alleged Violation: Alleged failure to comply with Waste Discharge Requirements Order No. R2-2002-0066 and alleged failure to to comply with the Industrial General Permit
Proposed Penalty: $253,100 and $207,500
Current Status: A Tentative (settlement) Order has been issued; the public comment period is open until April 30, 2021, at 5:00 p.m.

Current Mandatory Minimum Penalty Cases

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and SJ Park Almaden LLC to pay a statutory mandated minimum penalty of $3,000 for a discharge limit violation. The violation occurred at 200 Park Avenue, San Jose, in Santa Clara County. The public comment period is open until 5:00 p.m. on April 21, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and Treasure Island Development Group to pay a statutory mandated minimum penalty of $3,000 for discharge limit violations. The violations occurred at the Former Naval Station in Treasure Island, located at 1 Avenue of the Palms, San Francisco, in City and County of San Francisco. The public comment period is open until 5:00 p.m. on April 21, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and Univar USA, Inc. to pay a statutory mandated minimum penalty of $3,000 for a discharge limit violation. The violation occurred at Univar, located at 2256 Junction Avenue, San Jose, in Santa Clara County. The public comment period is open until 5:00 p.m. on April 21, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and Windy Hill PV Five CM, LLC to pay a statutory mandated minimum penalty of $3,000 for discharge limit violations. The violations occurred at the 610 Walnut Street, Redwood City, in San Mateo County. The public comment period is open until 5:00 p.m. on April 21, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and Daly City Serramonte Center, LLC to pay a statutory mandated minimum penalty of $9,000 for discharge limit violations. The violations occurred at Serramonte Center Mall, located at 3 Serramonte Center SW Quadrant, Daly City, in San Mateo County. The public comment period is open until 5:00 p.m. on April 26, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and S&B Milpitas, LLC to pay a statutory mandated minimum penalty of $6,000 for discharge limit violations. The violations occurred at the 720 Montague Expressway, Milpitas, in Santa Clara County. The public comment period is open until 5:00 p.m. on April 26, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and the City of East Palo Alto to pay a statutory mandated minimum penalty of $3,000 for a discharge limit violation. The violation occurred at Bay Road and Pulgas Avenue, East Palo Alto, in San Mateo County. The public comment period is open until 5:00 p.m. on May 6, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and 477 Market LLC to pay a statutory mandated minimum penalty of $33,000 for discharge limit violations. The violations occurred at 477 South Market Street, San Jose, in Santa Clara County. The public comment period is open until 5:00 p.m. on May 7, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov.

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and FMC Corporation to pay a statutory mandated minimum penalty of $6,000 for discharge limit violations. The violations occurred at the Test Track Area Northern Boundary, located at 1125 Coleman Avenue, San Jose, in Santa Clara County. The public comment period is open until 5:00 p.m. on May 8, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov.

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and Intuit Inc. to pay a statutory mandated minimum penalty of $3,000 for a discharge limit violation. The violation occurred at the 2599 Garcia Avenue, Mountain View, in Santa Clara County. The public comment period is open until 5:00 p.m. on May 10, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov.

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and the California Department of Transportation to pay a statutory mandated minimum penalty of $9,000 for discharge limit violations. The violations occurred at Mission Boulevard Underdrain, located at Mission Boulevard and Warren Avenue, Fremont, in Alameda County. The public comment period is open until 5:00 p.m. on May 19, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov.

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and Hibiscus Properties LLC to pay a statutory mandated minimum penalty of $24,000 for discharge limit violations. The violations occurred at Facebook Hibiscus, located at 307-309 Constitution Drive, Menlo Park, in San Mateo County. The public comment period is open until 5:00 p.m. on May 19, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov.

This is a notice of opportunity to comment on a proposed settlement between the San Francisco Bay Regional Water Board and Lennar Homes of California, Inc. to pay a statutory mandated minimum penalty of $6,000 for discharge limit violations. The violations occurred at Gateway and Harbor Pointe, located southwest of Enterprise Drive and Hickory Street, Newark, in Alameda County. The public comment period is open until 5:00 p.m. on May 19, 2021. Contact Marcos De la Cruz at R2NPDES.MMPS@Waterboards.ca.gov.

Current Expedited Payment Program for Late Reports

  • There are currently no pending cases