San Diego Region - Pending Active Administrative Civil Liability (ACL) Hearings

Administrative Civil Liability Complaint No. R9-2023-0015 (4/11/2023)

The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) Prosecution Team issued an Administrative Civil Liability Complaint (Complaint) on April 4, 2023, to the City of Oceanside.  The Complaint alleges two unauthorized high volume sanitary sewage overflows in April 2020 to Buena Vista Creek, Buena Vista Lagoon, Pilgrim Creek and Windmill Creek, Oceanside, CA, and proposes payment of $1,807,321 in liability, calculated in accordance with the State Water Board’s Enforcement Policy.

On April 7, 2023, the City of Oceanside waived its right to a hearing within 90 days in order to engage in settlement discussions.  Therefore, a hearing date is currently unscheduled.  Updates to this case will be provided on this page, and through the “Penalty Assessment Notices” email subscriber list.
For additional information, please see supporting documentation below, and/or contact prosecutorial staff Christopher Means at (619) 521-3365 or christopher.means@waterboards.ca.gov. 

You may also visit the San Diego Water Board Meeting calendar for information about board meetings, upcoming public hearings, workshops, information items and other items being considered by the San Diego Water Board and associated comment periods

Hearing for Administrative Civil Liability Complaint No. R9-2023-0013

The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) Prosecution Team issued a Complaint for Administrative Civil Liability (ACL) on November 10, 2022, to Quality Investors 1 2016 LLC and David G. Epstein (Dischargers). The Complaint alleges that the Dischargers violated multiple provisions of State Water Resources Control Board Order 2009-0009-DWQ, as amended, National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated With Construction and Land Disturbance Activities NPDES NO. CAS000002 (Construction General Permit) at the Vista Pacific construction site in Oceanside, CA. The Complaint proposes that the Dischargers pay $411,475 in penalty for the alleged violations.  

A hearing is scheduled on September 13, 2023 and will be governed by the Second Revised Hearing Procedures.  At the hearing, the Regional Board will consider evidence regarding the violations alleged in the ACL Complaint. After considering the evidence, the Regional Board may impose the proposed civil liability, impose a higher or lower amount, or decline to impose any liability.

The hearing will be held at the following date, time, and location:

Wednesday, September 13, 2023 at 9:00 a.m.
San Diego Regional Water Quality Control Board
Board Meeting Room
2375 Northside Drive, Suite 108
San Diego, California 92108
And via Video and Teleconference

Please check this webpage for future developments associated with this matter. For additional information, please contact prosecutorial staff Christina Arias at (619) 521-3361 or Christina.Arias@waterboards.ca.gov.  (08/07/2023)

You may also visit the San Diego Water Board Meeting calendar for information about board meetings, upcoming public hearings, workshops, information items and other items being considered by the San Diego Water Board and associated comment periods