Lahontan Water Board alleges violations at Sugar Pine Village project

SOUTH LAKE TAHOE, Calif. - There have been allegations of a violation of the Construction General Permit at the Sugar Pine Village, and a settlement has been proposed that will benefit another South Lake Tahoe project. Lahontan Water Board has alleged that Sugar Pine Housing Partners LP and Deacon Construction LLC violated the Construction General Permit as follows:

1. Failed to have a written spill response plan and spill response kit onsite on September 27, 2023.

2. Failed to remove trash and properly secure waste stockpiles on September 27, October 3, and October 17, 2023.

3. Failed to protect stockpiles of earthen materials on September 27, October 3 and October 9, 2023.

4. Failed to install Best Management Practices (BMPs) at the perimeter of the site and/or failed to correctly install BMPs on September 27, October 3, October 9, and October 17, 2023.

5. Failed to store chemicals in watertight containers and with secondary containment on September 27, October 3, and October 9, 2023.

6. Failed to prevent off-site tracking of sediment on September 27, October 3, and October 17, 2023.

7. Failed to protect storm drain inlets on September 27 and October 17, 2023.

To settle the alleged violations, the Lahontan Water Board's Prosecution Team and Sugar Pine Housing Partners LP and Deacon Construction LLC agreed to the imposition of an administrative civil liability of $79,690. Of this amount, $4,690 will be paid to the State Water Pollution Cleanup and Abatement Account. The remaining $75,000 will be permanently suspended upon completion of a Supplemental Environmental Project titled Tahoe Valley Stormwater and Greenbelt Improvement Project – Phase 2 – Barton Avenue/4th Street Water Quality Basin Excavation.

Jason Burke, the City of South Lake Tahoe's complete streets program manager said the City negotiated with Lahontan for the use of settlement funds for public use. They identified the project with tangible benefits for the long term - a detention water basin and treatment of wetlands at the site of the old Urgent Care at the corner of Lake Tahoe Blvd., and 4th Street. The cost of that project is the same as the fines to be collected.

This case is still pending and a final order has not yet been issued and specific details are still confidential.

According to a Lahontan Water Board spokesperson, Supplemental Environmental Projects (SEPs) are environmentally beneficial projects that a settling party agrees to undertake in the settlement of an enforcement action to offset a portion of a civil penalty that goes to a designated Cleanup and Abatement Account. The State Water Resources Control Board supports the inclusion of SEPs in the settlement of an enforcement action, so long as these projects meet the criteria specified in the SEP Policy to ensure that the selected projects have environmental value, further the enforcement goals and other important policies of the Water Boards, and are subject to appropriate input and oversight by the Water Boards.

Lahontan said it is not uncommon to find some level of violations at construction and development sites. However, in many cases, verbal or written guidance is enough to assist the discharger and return them to compliance.

The first phase of Sugar Pine Village is nearing completion, and when all is finished, the project will consist of 249 affordable housing units in nine apartment buildings and two community buildings. Construction is taking place in four phases. Phase I consists of three apartment buildings with associated parking and infrastructure. The project is located at 1888 Lake Tahoe Blvd, 1860 Lake Tahoe Blvd, and 1029 Tata Lane, all within the City of South Lake Tahoe.