Water Board Proposing to Fine Developer $850K for Violations
Source: http://timesofsandiego.com, October 19, 2015
By: Alexander Nguyen
The San Diego Regional Water Quality Control Board on Monday proposed a penalty of up to nearly $850,000 on San Altos-Lemon Grove, LLC for water quality violations related to construction activities at the 18-acre Valencia Hills site in Lemon Grove.
The complaint alleges the developer allowed polluted storm water to reach Chollas Creek by failing to implement routine management practices to reduce sediment transport from the construction site in the southwest portion of the city.
Water board officials said the city of Lemon Grove had issued multiple administrative citations, stop work notices and correct work notices for water quality violations to the developer, with minimal response. The San Diego Water Board said it also issued a notice of violation, with no impact.
“Repeat non-compliance tells us they didn’t take the city or our inspectors very seriously,” said Chiara Clemente, San Diego Water Board’s enforcement coordinator.
“These requirements are not new,” Clemente said. “It’s unfortunate that it’s taking a large monetary penalty to motivate them to do basic management measures that the industry considers routine for protecting downstream water quality.”
The company, which could not be reached for comment, can pay the penalty, propose a settlement or supplemental environmental project, or contest the complaint.
The San Diego Water Board scheduled a Dec. 16 hearing to consider the complaint.
The water board said sediment from construction sites poses a large threat to local waters because exposed dirt can wash away during a storm, and excess sediment can alter or obstruct flows, resulting in flooding and possible damage to local ecosystems.
Abnormally high levels of sediment in the water can smother aquatic animals and habitats and reduce the clarity of water, which harms the ability of organisms to breath, find food and refuge and reproduce, according to the water board.
Sediment can also act as a binder, carrying toxic constituents, such as metals, pesticides and other synthetic organic chemicals with it into rivers, bays and ocean.
The agency alleged 13 violations of the state water code, or a construction storm water permit, between December 2014 and last month at the developer’s construction site, where 78 homes are being built.
Board officials urged construction site operators and others to take necessary precautions with strong storms predicted for the winter months.
“We often hear about how exceptional a particular rain event was,” Clemente said, referring to some prior enforcement cases. “Between El Niño and climate change, extreme storms are the new norm. People need to adapt accordingly.”