The Del Puerto Water District and the San Joaquin Valley Air Pollution Control District have reached a settlement over a violation of the air district’s burning rules, though the water district contends the violation was not of their doing.
The violation was cited on Oct. 21, 2024, on Orestimba Road and was a violation of the air district’s rule on open burning. Specifically, it was burning of hewn almond trees, according to the air district. The air district notified the water district of the violation and stated that the water district was facing a financial penalty for the violation.
The water district responded to the violation notice on Oct. 29, 2024, in an effort to explain that the violation was not their doing and hopefully mitigate the fine.
Paul Stearns, the Deputy General Manager of the Del Puerto Water District wrote a response to the air district, explaining the project and what happened. Stearns wrote that the Orestimba Road property is being used for the creation of a $13,000 recharge basin for the Delta-Mendota Subbasin and local groundwater dependent communities, like the neighboring city of Newman. The project is a partnership between the Del Puerto Water District and the Central California Irrigation District and will capture flood flows in Orestimba Creek and convey that captured water, as well as other developed waters, into the recharge basins.
“As part of the construction of the pipeline to the recharge ponds, two rows of almond trees were purchased and removed from the westerly neighbor's orchard over the winter of 2023-2024,” Stearns wrote. “Those trees were temporarily stockpiled in one of the ponds located on the east side of the District's property. The Districts contacted multiple tree shredding companies to properly dispose of the trees but had difficulty securing a contractor due to scheduling difficulties or lack of Interest due to the small size of the job. Unfortunately, someone unbeknownst to the Districts lit the trees on fire on the afternoon of October 21, 2024.
“The Districts, as well as the construction contractor for the recharge ponds, have experienced vandalism throughout the construction of the project such as graffiti, breaking-in to flow measurement panels to steal batteries, and theft of components from construction equipment,” Stearns went on to state in the letter.
The water district took steps to make sure the remaining trees were not burned by having the remaining remnants shredded and any stumps too big to shred removed.
“On a regular basis, weather permitting, the pond basins are disked, the levees are mowed, and herbicide is applied to keep control of vegetation,” Stearns wrote.
Sterns closed off the letter asking that the air district rescind the fine for the violation.
“The Districts ask that the San Joaquin Valley Air Pollution District not impose any fines or penalties on the Districts as this was an isolated case, was not authorized or condoned by the Districts, and the Districts have no history of non-compliance,” Stearns wrote.
Initially, the letter didn’t seem to move the proverbial needle because the air district sent a notice to the water district on Dec. 4, 2024, that stated they were imposing a fine for the violation.
“California Health & Safety Code (CH&SC) 42402 provides that any person who violates District Rules is liable for a civil penalty, and each day on which a violation occurs constitutes a separate offense,” the air district’s letter states. “Based on the facts known to the District at the time of this letter, and in consideration of the relevant factors prescribed in CH&SC § 42403, the District has assessed a civil penalty in the amount of $3,500.00.”
On Feb. 12, the two districts negotiated a new settlement of $2,500 and at the Feb. 19, Del Puerto Water District meeting the board voted to pay the reduced fine.
