Administrative Civil Liability Agreement with Palisades Development, LLC for the Palisades at Squaw Construction Project, Placer County

Overview

Palisades Development, LLC (Discharger) owns the Palisades at Squaw residential development, which is located off Creek’s End Court, at the eastern end of Olympic Valley, near Highway 89. The construction area is 19.9 acres, and includes 63 single family homes, associated infrastructure, roads, and landscaping. On March 6, 2017, the Discharger enrolled the project under the State Water Resources Control Board’s General Permit to Discharge Storm Water Associated with Construction Activity, Order No. 2009-0009-DWQ, as amended by Orders No. 2010-0014-DWQ and 2012-0006-DWQ (Permit).

The Lahontan Water Board’s Prosecution Team alleges that Palisades Development LLC has violated the Permit as follows:

  1. Failed to ensure that the Storm Water Pollution Prevention Plan (SWPPP) for the site was revised by a Qualified SWPPP Developer (QSD) to reflect vertical construction activities from May 15, 2018 through July 29, 2021.
  2. Failed to ensure that all best management practices (BMPs) required by the Permit were implemented by a Qualified SWPPP Practitioner (QSP) from July 1, 2020 to May 10, 2021.
  3. Failed to ensure that a QSP performed weekly inspections to identify BMPs that need maintenance or BMPs that had failed between July 1, 2020 and May 10, 2021.
  4. Failed to ensure that a QSP developed Rain Event Action Plans (REAPs) 48 hours prior to any likely precipitation event between July 1, 2020 and May 10, 2021.
  5. Failed to ensure that a QSP inspect the site within two business days prior to, and two business days after, each qualifying rain event between July 1, 2020 and May 10, 2021.
  6. Failed to implement good housekeeping measures for construction materials for 23 days between April 29, 2021 and December 3, 2021.
  7. Failed to implement good housekeeping measures for waste management for 29 days between April 29, 2021 and December 3, 2021.
  8. Failed to implement good housekeeping measures for vehicle storage and maintenance for 12 days between April 29, 2021 and December 3, 2021.
  9. Failed to provide effective wind erosion control and/or to provide effective soil cover for inactive areas and finished slopes for 30 days between April 29, 2021 and December 3, 2021.
  10.  Failed to establish and maintain effective perimeter controls, apply linear sediment controls on slopes, prevent off-site tracking of sediment, protect drain inlets, and/or remove sediment from roadways for 37 days between April 29, 2021 and December 3, 2021.
  11. Failed to submit the 2018-2019 and 2019-2020 Annual Reports

To settle the alleged violations, the Lahontan Water Board’s Prosecution Team and Palisades Development, LLC have agreed to the imposition of an administrative civil liability of $1,650,000, which includes $24,988 in staff costs. The proposed settlement was posted for public comments for a 30-day period. No comments were received.

On September 11, 2023, the Lahontan Water Board’s Executive Officer Delegate, acting on behalf of the Lahontan Water Board, signed Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order No. R6T-2023-0008.

Related Documents