Common use of Site Background Clause in Contracts

Site Background. 2. Auburn Oak Builders, Inc. was, at all relevant times, the owner and developer of the Oakcrest Estates construction project (Project). The Project involved construction activities on and around certain lands in the area of Ventura County Assessor’s Parcel Numbers 032-0-221-265, 032-0-222-105, and 032-0-221-275, commonly known as ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (Site). 3. On September 2, 2009, the California State Water Resources Control Board (State Water Board) adopted Order No. 2009-0009-DWQ (as amended by Order Nos. 2010-0014-DWQ and 2012-0006-DWQ), National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (General Permit). The General Permit regulates storm water discharges to waters of the United States from construction sites that disturb one or more acres of land surface or that are part of a larger common plan of development or sale of one or more acres of disturbed land surface. 4. On January 30, 2019, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇. principal and Chief Executive Officer of Auburn Oak Builders, Inc. and the designated Legally Responsible Person (LRP), submitted a Notice of Intent (NOI) to comply with General Permit requirements to the State Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS) and was issued Waste Discharge Identification (WDID) 4 56C383177 upon permit enrollment. 5. General Permit section V.A.2. requires the implementation of best management practices (BMPs), using best available technology economically achievable (BAT) and best conventional pollutant control technology (BCT) to reduce pollution from storm water runoff from construction sites. The General Permit prohibits all discharges except for storm water and non-storm water discharges specifically authorized by the General Permit or another NPDES permit. (General Permit, III.B.) 6. Runoff from the Site flows to Skyline Drain and ultimately to the area between San Antonio Creek and Camino Cielo Road, which is part of Ventura River, Reach 4. The pollutants in the runoff from the Site have the potential to impact the beneficial uses of Ventura River, Reach 4. 7. The beneficial uses of Ventura River Reach 4 (San Antonio Creek to Camino Cielo Road) include body and non-body contact recreation; municipal and domestic supply; industrial service supply; industrial process supply; agricultural supply; groundwater recharge; freshwater replenishment; warm freshwater habitat; cold freshwater habitat; wildlife habitat; migration of aquatic organisms; spawning, reproduction, and/or early development; preservation of rare, threatened, or endangered species (specifically for condor refuge); and wetland habitat. 8. On November 26, 2019, Regional Board staff conducted a Site inspection and observed the following General Permit violations: ineffective perimeter control best management practices (BMPs), inactive soil stockpiles without berm and cover, and a lack of good housekeeping measures for waste management. On November 26, 2019, Regional Board staff also reviewed reports submitted for the Site through SMARTS and found that Annual Reports were missing for reporting years 2017-2018, 2018-2019, and 2019-2020. On December 5, 2019, Regional Board staff conducted a Site inspection following a rain event and observed an unauthorized discharge of sediment-laden water from the Site as well as continued lack of effective perimeter controls, failure to cover and berm loose stockpiled materials, and failure to implement good housekeeping measures for waste management. On August 17, 2020, Regional Board staff conducted another inspection and observed ongoing noncompliance, including ineffective perimeter control BMPs and inadequate housekeeping measures for waste management. 9. On January 15, 2020, Regional Board staff issued a Notice of Violation to the Discharger describing the General Permit violations observed at the November 26, 2019 Site inspection. Additional inspections were conducted in December 2019 and August 2020. 10. Construction of a single-family residence at the Site concluded by September 29, 2020, and the Project’s coverage under the General Permit was administratively terminated on May 3, 2023. 11. The Discharger removed all the BMPs to meet Final Site Stabilization with no BMPs by Friday, February 24, 2023.