San Diego area developer issued $595,367 penalty for water quality violations

The San Diego Regional Water Quality Control Board has issued a nearly $600,000 penalty to developer San Altos-Lemon Grove, LLC for 81 violations of the Statewide General Construction Storm Water Permit between December 2014 and September 2015. The violations resulted in six sediment discharges from the Valencia Hills construction site into Encanto Channel, included a persistent lack of effective erosion and sediment controls, and subpar housekeeping practices. Encanto Channel ultimately flows into San Diego Bay via the Chollas Creek.

Sediment can damage aquatic life and ecosystems and is the pollutant of greatest concern at construction sites. It results from the accelerated erosion of graded land that is exposed and inadequately protected and can transport other harmful pollutants such as metals, fertilizers, pesticides, oil and grease and bacteria into creeks, bays and ocean.

Violations related to construction activities at its 18-acre Valencia Hills residential development were called to the attention of the San Diego Water Board’s attention by the city of Lemon Grove after its multiple warnings and enforcement efforts were met with minimal response by the developer.

“The San Diego Water Board is deeply appreciative of the efforts by the city of Lemon Grove in this case,” San Diego Water Board Executive Officer David Gibson said. “Besides impacts to our storm channels, streams and estuaries, construction site discharges can also threaten public safety, private property and public right of ways. It is imperative that everyone involved with a site – city manager to corporate officer to subcontractor – take every measure to stay in compliance and carefully heed the advice and recommendations of Water Board and municipal inspectors. The Water Board anticipates that most sites will be compliant and make every effort to promptly correct noncompliance.”

The process of determining the penalties against San Altos-Lemon Grove, LLC was a lengthy process. The San Diego Water Board conducted the public hearing on the enforcement complaint on March 9 but the final Administrative Civil Liability Order was not adopted until August 10.

“The San Altos decision was a very time consuming and deliberate decision for our Board. It’s always our hope that environmental laws and regulations be complied with so the need to even consider penalties is avoided,” San Diego Water Board member and presiding officer Tomas Morales said. “But when it’s clear that laws or regulations have been violated, we are required to do our part to ensure that companies that do take their responsibilities seriously, aren’t put at a competitive disadvantage and that the environment is protected on behalf of the public.”

The $595,367 penalty will be deposited into the State Water Pollution Cleanup and Abatement Account created by the legislature to provide funds to public agencies to remediate pollution when responsible parties are not available. Eligible entities – public agencies, as well as certain nonprofit organizations and tribal governments that serve a disadvantaged community — can apply for this funding include public agencies, if they have the authority to clean up or abate the effects of waste.

“Compliance with the Statewide General Construction Storm Water Permit by construction site operators and their subcontractors is a high priority for the San Diego Water Board,” said San Diego Water Board’s Gibson. “This penalty of nearly $600,000 reflects the San Diego Water Board’s concern for the appalling lack of compliance and cooperation with city and Water Board staff by San Altos-Lemon Grove, LLC despite many months of inspections and warnings. Most construction site operators heed the kind of repeated warnings and Notices of Violation San Altos received and thereby avoid the large penalties noncompliance can bring.”