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

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 tentatively scheduled on February 8, 2023, to consider adoption of the ACL and/or referral of the matter to the Attorney General, unless the Dischargers waive their right to a hearing within 90 days. The 90-day hearing requirement may be waived to pay the penalty as proposed or to extend deadlines.

The hearing will be governed by hearing procedures. Any objections to the hearing procedures must be submitted as provided in the hearing procedures. Persons or organizations who wish to participate in the hearing as a Designated Party will have an opportunity to request Designated Party status by submitting a request in writing as set forth in the hearing procedures. Alternatively, persons or organizations may seek to participate as Interested Persons. 

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  (11/10/2022)

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