San Diego Region - Environmental Projects

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SEPs and ECAs | Pre-Approved Projects | Project Solicitation | Funded Projects |

SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEPs) and ENHANCED COMPLIANCE ACTIONS (ECAs)

A SEP is an environmentally beneficial project that a person subject to an enforcement action voluntarily agrees to undertake, in settlement of the action and to offset a portion of a civil liability. SEPs tend to be projects that enhance the beneficial uses of the waters of the San Diego Region, that provide a benefit to the public at large and that, at the time they are included in the resolution of an Administrative Civil Liability (ACL) action, are not otherwise required of the settling party. SEPs are intended to restore the environmental harm to affected water bodies. ECAs are defined in the State Water Board's Enforcement Policy as "projects that enable a discharger to make capital or operational improvements beyond those required by law, and are separate from projects designed to merely bring a discharger into compliance." ECAs are intended to prevent additional impacts to beneficial uses from occurring in the future, and must conform to all of the requirements of a SEP, as described in the State Water Board's SEP Policy. Settling parties facing an assessed ACL (monetary penalty) by the San Diego Water Board may satisfy a portion of the total liability by funding an eligible SEP or ECA (together, Environmental Projects). That portion of the liability is suspended and dismissed when the settling party can demonstrate successful completion of the proposed project(s). A settling party can either conduct an Environmental Project itself, or contract with a third party for completion of the project. For more information on Environmental Projects please visit the State Water Board's SEP Webpage.

RESOLUTION TO AUTHORIZE SEP FUNDS TO SUPPLEMENT SCCWRP RMPs

On May 4, 2021, the State Water Board approved a resolution that would authorize the use of SEP funds to supplement Southern California Coastal Water Research Project (SCCWRP) Regional Monitoring Programs (RMPs). The resolution allows dischargers settling certain administrative liability in the San Diego region to use available SEP funds to supplement SCCWRP’s existing coastal and watershed RMPs with vetted but unfunded monitoring that is not otherwise legally required. 

• State Board Resolution 2021-0015
• MOU with SCCWRP funding RMPs with SEP funds

LIST OF PRE-APPROVED PROJECT CONCEPTS AVAILABLE FOR FUNDING

The SEP Policy requires Water Boards to post on their website a list of potential SEPs. In February 2017, the San Diego Water Board adopted Resolution No. R9-2017-0014 that identifies regional selection priorities and a process for identifying projects worthy of funding. The Resolution also supports a pre-approved list of environmental project concepts, and streamlines future project approvals and updates by delegating to the Executive Officer the discretion to modify the selection criteria and add projects to the list on an ongoing basis.

The current list of SEP project concepts is provided below, and prioritized into three categories (Strong Support, Support and Eligible) based on the San Diego Water Board's selection criteria, described in the Project Solicitation section below.

Projects on the Eligible list meet all the requirements of the SEP Policy and address one or more of the minimum eligibility criteria listed below.  Projects on the Support list meet all the criteria of the “Eligible” projects and address multiple regional selection criteria.  Projects on the Strongly Supported list are those that do so in a manner that most aligns with the Water Board’s Practical Vision and values.   

To receive a copy of any proposal(s) that are not hyperlinked in the list below, please contact one of the Water Board representatives listed on this page. Projects that the San Diego Water Board believes address Human Right to water, Environmental Justice (EJ) issues, or benefit a Disadvantaged Community (DAC) may qualify for a higher maximum suspended liability and are identified accordingly in the last column of the table.

PROJECTS STRONGLY SUPPORTED BY THE SAN DIEGO WATER BOARD (UPDATED 4/2024)

PROJECT SOLICITATION

Applicants interested in proposing additional project concepts for consideration can do so at any time. Applicants should first review the criteria below and materials on the State Water Board's SEP Webpage and then submit their application using the State Water Board SEP Proposal Form. Please be sure to address any remaining Regional Criteria (listed below) in the "Optional Information" section at the end of the form.

When the form is submitted, you will be given the opportunity to attach supporting documentation, and please include sandiego@waterboards.ca.gov in the cc:. San Diego Water Board staff will receive and review applications to determine if they meet the Minimum Eligibility Criteria described below and will prioritize them based on how well they meet the Regional Criteria (listed below). All applicants will be contacted with questions about the application, comments on how the application could be strengthened, or the review results.

Minimum Eligibility Criteria- In order to be eligible for funding, projects must meet all the requirements of the SEP Policy, and must address at least one of the following criteria.

1. The project promotes preservation or restoration of aquatic ecosystems in accordance with R9-2015-0041 or furthers recovery of streams, wetlands, and riparian systems in accordance with the San Diego Water Board's Practical Vision.

2. The project implements a strategy to achieve a resilient local water supply in accordance with the San Diego Water Board's Practical Vision.

3. The project implements or furthers the Monitoring and Assessment Framework in accordance with the San Diego Water Board's Practical Vision.

4. The project proactively safeguards beneficial uses from the negative impacts of climate change in accordance with the San Diego Water Board's Practical Vision.

5. The project is located in, or provides water quality benefits to a community with a high pollution burden, or furthers the State Water Board's core value of human right to water. Regional Selection Criteria-In addition to the Minimum Eligibility Criteria described above, the application will be prioritized based on the following project attrributes.

Regional Selection Criteria- In addition to the Minimum Eligibility Criteria described above, the applications will be prioritized based on the following project attributes.

1. The project directly contributes to improvements of water quality objectives and/or beneficial uses and proposes measurable environmental outcomes (as opposed to indirectly, as with planning, monitoring, and/or research projects).

2. The project demonstrates sustained longevity of environmental outcomes (e.g. conservation mechanisms, maintenance endowments, easements, or monitoring).

3. The project is part of a larger, vetted, adopted, or established plan leveraging support from multiple and diverse partners and/or can be the basis for additional funding from other sources.

4. The project improves a designated priority listed in an accepted Water Quality Improvement Plan, improves conditions for a water quality limited segment in accordance with Clean Water Act section 303(d), or preserves conditions in a high quality water or reference stream.

5. The project improves conditions of a key beneficial use in an area of special importance for that use.

6. The project provides resiliency to climate change without negatively affecting habitats and ecosystems or recreational uses of waters.

7. The project provides a cost-effective means of attaining water quality goals.

8. The project integrates outreach and education to target audiences.

9. The project applicant has an established record of project completion, and the institutional stability, knowledge, and capacity to complete the work proposed.

Additionally, prospective applicants are encouraged to contact the review team if they have questions about the application project or would like to discuss how to best apply the selection criteria to their project concepts. Contact information for members of the review team is as follows:

• Chiara Clemente, Chiara.Clemente@waterboards.ca.gov, 619-521-3371
• Kate Buckley, Kate.Buckley@waterboards.ca.gov, 619-521-8045
• Sarah Mearon, Sarah.Mearon@waterboards.ca.gov, 619-521-3363

FUNDED PROJECTS

The San Diego Water Board has approved numerous SEPs and ECAs both before and after the adoption of the 2009 SEP Policy. The table below contains a summary of all projects funded after the adoption of the 2009 SEP Policy. Links to regulatory documents or project proposals are also provided whenever possible. To obtain final reports or to view a summary of the projects approved prior to the 2017 SEP Policy, please contact any member of the review team, as listed above. The 2017 SEP Policy requires the State Water Board to compile a report on all completed SEPs statewide, by calendar year. These reports are available on the State Water Board's SEP Webpage.