Carlsbad to pay nearly $24,000 for stormwater violations

By: BARBARA HENRY -
Staff Photo | Thursday, June 15, 2006 7:14 PM PDT ∞

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Staff Writer

CARLSBAD ---- The Regional Water Quality Control Board unanimously agreed Wednesday to settle on a $23,900 fine for stormwater-control violations at Carlsbad's municipal golf course construction site last fall.

In so doing, the panel accepted a proposal made by its staff members months ago ---- something it hadn't been willing to do in December when it first reviewed the situation. At that December meeting, the board voted 4-2 to call for a full public hearing on the issue.

The hearing it sought was held Wednesday. After it concluded, nearly all the board members said they were now satisfied, though board member Richard Wright said he considered Carlsbad to be "on probation."

"I guess, I'd like to pay particular attention to what happens in the future," he said.

Carlsbad officials stressed that they were now doing all they could to prevent the problems from ever resurfacing. They repeatedly expressed shame that they had to go before the board, saying Carlsbad prides itself on being a model for others ---- not a permit violator.

"It certainly isn't my best public moment ---- I'm personally pretty embarrassed to be here in front of you today," said city Public Works Director Glenn Pruim.

The issue first surfaced about a month after city-hired contractors began work on the nearly 400-acre, golf course construction site along Palomar Airport Road. During a routine check in October, the state water agency discovered that the city lacked a state water-quality permit.

City officials called it a communications error, saying the contractors thought the city had gotten the permit and the city thought the contractors had it. Representatives for the state water board said the permit problem might have been considered a minor issue, but several days later agency inspectors discovered that contractors weren't using "best management practices" to control stormwater runoff.

The agency could have fined the city up to $10,000 a day for each of those two violations, or up to $590,000 in Carlsbad's case.

The staff didn't recommend a high fee because Carlsbad was so cooperative about the situation, said Frank Melbourn, an investigator with the agency.

Carlsbad flew someone to Sacramento the next business day to get the permit and made sure stormwater-control improvements were made extremely quickly ---- eight days later the site was in compliance, he said.

City officials said they now have an extensive process, including oversight by both the city attorney and the city engineer's office, to make certain permits aren't forgotten and proper stormwater-control measures are in place.

"I am certain that you have all learned a most valuable lesson," state agency board member Susan Ritschel said after hearing of these measures.

She urged the city to educate its neighbors. However, several environmentalists argued that neighboring cities are already doing a better job than Carlsbad.

Diane Nygaard of Preserve Calavera, an organization dedicated to the preservation of the north Carlsbad region around Mount Calavera, said she gets a better response when she reports stormwater-runoff problems in other cities.

"We would urge you to consider the city's past actions, not just their words," she said, listing off other recent permit violations in Carlsbad.

Agency staff members said Carlsbad has had other water-runoff issues in recent years, but not at city-owned construction sites.

One issue is still outstanding. The agency is now investigating a report of a water-runoff problem at the golf course site in late May. Commissioners decided Wednesday not to include that issue in their decision, saying the investigation has not yet concluded.

-- Contact staff writer Barbara Henry at (760) 901-4072 or bhenry@nctimes.com.

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For information on the Regional Water Quality Control Board's San Diego

offices, visit: http://www.waterboards.ca.gov/sandiego/

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