Expert Briefing: Abandoned Briefing on Abandoned Vessels Vessels - - PowerPoint PPT Presentation

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Expert Briefing: Abandoned Briefing on Abandoned Vessels Vessels - - PowerPoint PPT Presentation

Sep 20, 2023 125 likes •594 views

Expert Briefing: Abandoned Briefing on Abandoned Vessels Vessels Enforcement and Marine Debris in San April 9, 2014 Francisco Bay at the Bay Planning Coalition March 21, 2013 BCDC Commission Meeting Adrienne Klein, Chief of Enforcement,

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Briefing on Abandoned Vessels and Marine Debris in San Francisco Bay

March 21, 2013 BCDC Commission Meeting Adrienne Klein, Chief of Enforcement, BCDC

Expert Briefing: Abandoned Vessels Enforcement

April 9, 2014 at the Bay Planning Coalition

Adrienne Klein, Chief of Enforcement, San Francisco Bay Conservation and Development Commission

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Collapsed Concrete Wharves US Army Corps of Engineers’ Property 2241 Clement Avenue, Alameda

These wharves are now GONE, removed by CalRecycle and the US EPA

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Former USCG Tugs Lion and Tiger, 1944 Abandoned at the Port of Richmond

December, 2011

Disposal Cost - $315,000 Oil Removed – 6,000 gallons

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Former USCG Lighthouse Tender ‘Fir’ Abandoned at Pier 38 San Francisco

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Unseaworthy Vessels Moored to a Dilapidated Wharf

  • n the Oakland Shoreline Now All Removed
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Debris Removed From the Bay

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Vessel Anchors Create “Crop Circles”

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When Does BCDC Regulate Vessels and Their Use? Alviso Slough, Santa Clara County, Resolved

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Kay Kerr Sylvia McLaughlin Esther Gulick

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Commission Membership

  • Seven public representatives, 5 appointed by the

Governor, 1 by Senate Rules Committee and 1 by the Speaker of the Assembly

  • A County representative from each of the nine

Boards of Supervisors along the Bay, appointed by their own Board

  • Four City representatives, appointed by ABAG
  • One member each from USACOE & US EPA
  • One member each from Department of Finance,

State Lands Commission, Business and Transportation, Department of Resources and SF Regional Water Quality Control Board

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The Commission’s Jurisdiction

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What Does BCDC Have Authority to Regulate? What is Bay Fill?

  • Placement of Fill
  • Extraction of Materials
  • Changes in Use
  • Earth, Pilings and Structures Placed on Pilings
  • Floating Structures Moored for an Extended Period
  • Houseboats and Floating Docks
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What Can BCDC Authorize?

Fill for Water Oriented Uses Fill with No Alternative Upland Location

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Houseboat Marinas in the Bay as of July, 1985 Total Houseboats = Approximately 445 A – Commodore Properties B – Kappas Yacht Harbor C – Waldo Point Properties D – Yellow Ferry Harbor E – Varda Landing F – Mission Creek Harbor G – Barnhill Marina

A- E F G

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10% “Live-Aboard” Use Allowed at Recreational Marinas

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Oakland Alameda Estuary South of Dennison Street Bridge

Anchor-out Presently Moored Illegally in the Oakland Estuary

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Enforcement Toolbox

 Standardized Fines  Administrative Penalties  Cease and Desist Orders  Permit Revocation Orders  Civil Penalty Orders  Court-Imposed Penalties  Litigation  Settlement in lieu of litigation  Injunctions  Misdemeanor  Charm

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Cease and Desist Orders

Executive Director Order (Section 66637)

 Ongoing or Imminent Threat

to Bay Resources or Public Access

 90-Day Duration

Commission Order (Section 66638)

 Sets a Schedule to Require:  Fill Removal  Permit Obtainment  Permit Compliance

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Civil Penalty Order

Section 66641.6

 $30,000/Violation =

Maximum Administrative Penalty

 Usually Combined With

Cease and Desist Order

 Stay Penalty =

Compliance Incentive

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Determining Civil Liability

(Section 66641.9)

 Gravity of the Violation  Susceptibility to Resolution  Ability to Pay  Voluntary Removal Efforts  Prior History of Violation  Economic Savings  Degree of Culpability

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Commission Cease and Desist Orders For Illegal Residential Use

  • 13 Orders since 1987
  • Almost all have proceeded to litigation
  • Penalties are not paid
  • BCDC cannot achieve compliance if boat owner fails to
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Phil Joy and City of Benicia Parcels, Solano County Removed – 26,400 square feet of fill Cost - $414, 925

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Abandoned Vessels In San Leandro Bay Alameda County – One is gone; the other remains Regional Water Quality Control Board Oil Spill Liability Fund

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Marine Patrol Units Are Critical Alviso Slough, Santa Clara County

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Abandoned Vessels Working Group USCG Sponsored Alviso Slough, Santa Clara County

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Solid Waste Disposal Fund CalRecycle Senate Bill 595 State Lands Commission Benicia, Solano County

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USACOE US EPA USCG CalRecycle SF BCDC SLC SF RWQCB Wanted: Master List of Vessel and Marine Debris Removal Projects