An excerpt from ‘Lectronic Latitude (Latitude 38’s blog) posted on December 4, 2017

In November, the Bay Conservation and Development Commission (BCDC) Enforcement Committee held a public hearing to review allegations of permit violations by Westpoint Harbor and Mark Sanders, the owner of the marina. The Enforcement Committee voted 5-0 to refer the complaint to the full Commission, and recommended a cease and desist order that Sanders and Westpoint Harbor stop alleged violations of their permit, that those alleged violations be corrected, and that Sanders and Westpoint pay an administrative civil penalty of $513,000. The full Commission is tentatively scheduled to consider the recommendation on January 18, 2018.

The Violation Report/Complaint contains 36 separate allegations of permit violations, which have been aggregated into 21 alleged violations for purposes of calculating the civil penalties. Many of the specific allegations appear to be quite minor, and the eye-popping penalty results from the daily accrual of fines for each violation from the time of the alleged violation until the time it is resolved.

According to Sanders, one of the central problems is that the original BCDC permit was written in such a way that it was impossible to meet all of the permit requirements and Commission goals simultaneously…

Please read the full post here

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