Proposed Administrative Civil Liability Agreement with Sugar Pine Housing Partners LP and Deacon Construction LLC for the Sugar Pine Village Construction Project, El Dorado County

Overview

On June 21, 2022, Sugar Pine Housing Partners LP submitted a Notice of Intent for coverage under Order No. R6T-2016-0010, the General Waste Discharge Requirements and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity in the Lake Tahoe Hydrologic Unit, Counties of Alpine, El Dorado, and Placer (Construction General Permit) for the Sugar Pine Village Phase I construction project. Sugar Pine Housing Partners LP hired Deacon Construction LLC as the contractor for the project.

Sugar Pine Village will consist of 249 affordable housing units in nine apartment buildings and two community buildings. Construction will take place in four phases. Phase I began in late 2022 and consists of three apartment buildings with associated parking and infrastructure. The project is located at 1888 Lake Tahoe Blvd, 1860 Lake Tahoe Blvd, and 1029 Tata Lane, all within the City of South Lake Tahoe.

The Lahontan Water Board's Prosecution Team alleges that Sugar Pine Housing Partners LP and Deacon Construction LLC violated the Construction General Permit as follows:

  1. Failed to have a written spill response plan and spill response kit onsite on September 27, 2023.
  2. 2Failed to remove trash and properly secure waste stockpiles on September 27, October 3, and October 17, 2023.
  3. Failed to protect stockpiles of earthen materials on September 27, October 3, and October 9, 2023.
  4. Failed to install Best Management Practices (BMPs) at the perimeter of the site and/or failed to correctly install BMPs on September 27, October 3, October 9, and October 17, 2023.
  5. Failed to store chemicals in watertight containers and with secondary containment on September 27, October 3, and October 9, 2023.
  6. Failed to prevent off-site tracking of sediment on September 27, October 3, and October 17, 2023.
  7. Failed to protect storm drain inlets on September 27 and October 17, 2023.

To settle the alleged violations, the Lahontan Water Board's Prosecution Team and Sugar Pine Housing Partners LP and Deacon Construction LLC have agreed to the imposition of an administrative civil liability of $79,690. Of this amount, $4,690 will be paid to the State Water Pollution Cleanup and Abatement Account. The remaining $75,000 will be permanently suspended upon completion of a Supplemental Environmental Project titled Tahoe Valley Stormwater and Greenbelt Improvement Project – Phase 2 – Barton Avenue/4th Street Water Quality Basin Excavation. The alleged violations and proposed settlement are described in more detail in the proposed settlement agreement, linked below.

The proposed settlement agreement is now available for a 30-day public comment period. Comments are due by July 17, 2024 and may be submitted via email to RB6-Lahontan@waterboards.ca.gov.