| Violation ID |
Occurrence Date |
Violation Type |
Violation Description(-) |
Violation Status |
Priority |
Source |
Facility Name |
Violated Reg. Meas. ID |
Violated Reg. Meas. Order No. |
Linked to Enf. |
| 1114239 |
12/20/2022 |
Order Conditions |
Failure to Comply with Certification General Condition Section II.B. The Certification required the Project?s drainage channel to contain ?315 planter boxes planted with native species container stock and the rip rap will be backfilled with soil and seeded with a native wetland and/or erosion control seed mixes.? During the December 20, 2022, Project visit, San Diego Water Board staff did not observe planter boxes nor native species container stock nor seeded native wetland and/or erosion control seed mixes in the Project drainage channel. |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1114243 |
12/20/2022 |
Order Conditions |
Failure to Timely Complete Mitigation in violation of Project Impacts and Compensatory Mitigation Section V.H. of the Certification, Timing of Mitigation Site Construction. Pursuant to the Certification the mitigation was to be completed no later than nine months following the start of the project; therefore, May 11, 2021. During the December 20, 2022, Project mitigation area visit, San Diego Water Board staff did not observe completed mitigation as detailed in the Mitigation Plan and Long-Term Management Plan. Specifically, San Diego Water Board staff did not observe grading to widen the drainage/channel nor planting of native wetland species. |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1114244 |
08/11/2020 |
Order Conditions |
Failure to Timely Submit Notice of Project Start in violation of Notification Requirements Section VII.A. of the Certification, Discharge Commencement Notification. The Applicant must notify the San Diego Water Board in writing at least 5 days prior to the start of Project construction. On April 25, 2022, San Diego Water Board staff Lisa Honma received an email on behalf of the Discharger from Fiona McKenna, Project Manager for SD Commercial, LLC with attached PDF file of a letter dated February 5, 2020, stating that the Project would begin on August 11, 2020. The letter was not received five days or more prior to the commencement of Project construction; therefore, the letter was not timely received and was in violation of the Certification. |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1135456 |
12/05/2022 |
Order Conditions |
Continued non-compliance with CWA section 401 Water Quality Certification relating to channel construction and planting. Failure to Comply with Certification General Conditions Section II.B. Failure to Implement All Water Quality Protection Measures and BMPs. Failure to Timely Complete Mitigation. |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1114247 |
12/20/2022 |
Order Conditions |
Failure to Submit Final Project Completion Report in violation of Monitoring and Reporting Requirements Section VI.J. of the Certification, Final Project Construction Completion Report. The Applicant must submit a Final Project Completion Report to the San Diego Water Board within 30 days of completion of all Project construction activities. The San Diego Water Board has not received a Final Project Completion Report from the Discharger. |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1114240 |
12/20/2022 |
Order Conditions |
Failure to submit project change for review and written approval by the San Diego Water Board in violation of General Conditions Section II.F. of the Certification, Project Modification. The Discharger did not notify the San Diego Water Board that the Project?s drainage channel would not contain ?315 planter boxes planted with native species container stock and the rip rap will be backfilled with soil and seeded with a native wetland and/or erosion control seed mixes? as required in the Certification. |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1114245 |
03/02/2023 |
Order Conditions |
Failure to Submit Annual Reports in violation of Monitoring and Reporting Requirements Section VI.I. of the Certification, Annual Project Progress Reports. The Applicant must submit annual Project progress reports describing status of BMP implementation, compensatory mitigation, and compliance with all requirements of this Certification to the San Diego Water Board prior to March 1 of each year following the issuance of this Certification, until the Project has reached completion. The San Diego Water Board has not received an Annual Project Progress Report for the Certification. As of the date of this Notice of Violation, the Discharger was required to submit three Annual Project Progress Reports (March 1, 2021, March 1, 2022, and March 1, 2023). |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1114246 |
11/11/2020 |
Order Conditions |
Failure to Provide Draft Mitigation Site Preservation Mechanism in violation of Project Impacts and Compensatory Mitigation Section V.I. of the Certification, Mitigation Site(s) Preservation Mechanism. Within 90 days from the issuance of this Certification, the Applicant must provide the San Diego Water Board with a draft preservation mechanism (e.g., deed restriction, conservation easement, etc.) that will protect all mitigation areas and their buffers in perpetuity. The San Diego Water Board has not received a draft preservation mechanism from the Discharger. |
Violation |
None |
Inspection |
OMC TPM 21140 Project |
437121 |
R9-2020-0165 |
Y |
| 1132992 |
01/02/2023 |
Unauthorized Discharge |
Unauthorized discharge of fill to waters of the U.S. and state. Developer employee submitted fraudulent CWA section 401 and 404 permits to the County of San Diego to obtain grading permit and started project. |
Violation |
N |
Inspection |
International Industrial Park (IIP) TM 5549 Project |
438681 |
R9-2020-0228 |
Y |
|
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