STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 99 - 107

THE COUNTY OF SAN DIEGO (COUNTY) REQUESTS FUNDING
FOR CLEANUP AT THE ABANDONED TIJUANA RIVER VALLEY REGIONAL PARK
IN THE AMOUNT OF $500,000
FROM THE STATE WATER POLLUTION CLEANUP AND ABATEMENT ACCOUNT
TO FUND UNANTICIPATED NEW ACTIVITIES

WHEREAS:

1. The County owns the Tijuana River Valley Regional Park;

2. The County leased the property to a company who deposited solid waste in violation of the lease agreement;

3. The County did not monitor the activity at the site closely enough to determine that the lessee was accepting unapproved waste;

4. Prior State Water Resources Control Board decisions have held that absentee landlords who owned or subleased property during the time when discharges occurred are responsible parties;

5. The County has not demonstrated an inability to pay the cost of cleanup; and

6. The San Diego Regional Water Quality Control Board does not recognize the Tijuana River Valley Regional Park as a threat to water quality and has not, therefore, issued a Cleanup and Abatement Order.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board denies the request from the County to pay for solid waste cleanup at the Tijuana River Valley Regional Park.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 18, 1999.

/s/

Maureenn Marché

Administrative Assistant to the Board