Public Notice: International Industrial Park Inc. and SD Commercial LLC, San Diego, CA; Proposed Settlement of CWA Section 309(g) Class I Administrative Penalty

International Industrial Park Inc. and SD Commercial LLC, San Diego, CA; Proposed Settlement of CWA Section 309(g) Class I Administrative Penalty
How to Comment
Comments Due

Please provide your full name and mailing address. Please submit your comment in writing stating that you are providing comments on the proposed assessment of a penalty pursuant to Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), and intend to participate in the proceeding. Please include the Docket Number CWA-09-2025-0049 with your comments.

All comments must be submitted to the Regional Hearing Clerk (address below), within 30 days of the date of this public notice (see 40 C.F.R. § 22.45(b)). If the 30th day of the comment period falls on a Saturday, Sunday, or federal holiday, the deadline shall be extended to the next business day. EPA will consider all comments received within this 30-day period before issuance of the final order. Please note that 40 C.F.R. Part 22, the federal regulations governing these proceedings, can be found online at www.ecfr.gov.

We encourage electronic submittals, but if you are unable to submit electronically or need other assistance, please reach out to the contact listed in the notice or regulation or, if unavailable, the responsible EPA program’s general contact email or phone number.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to the listed contact by email or phone.

Name, Mailing Address, Telephone Number, and Email Address of Regional Hearing Clerk:
Regional Hearing Clerk
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105 
415-972-3153
r9hearingclerk@epa.gov

Publish Date

Summary

EPA is providing notice of a proposed administrative penalty settlement with International Industrial Park, Inc., and SD Commercial, LLC (Respondents) for violations of the Clean Water Act (CWA). EPA alleges that Respondents violated CWA Section 301(a), 33 U.S.C. § 1311(a), by discharging dredged and fill material into waters of the United States without obtaining a permit from the U.S. Army Corps of Engineers, issued under CWA Section 404, 33 U.S.C. § 1344. Specifically, the EPA alleges that on or around December 2022, into at least March 2023, Respondents began the first phase of construction of the site known as International Industrial Park in East Otay Mesa, San Diego County, California. As part of this project, Respondents used mechanized land-clearing and earthmoving equipment to prepare the site for development, resulting in the dredging and filling of 0.529 acre of waters and 0.253 acre of adjacent wetlands in Johnson Canyon Creek.

Pursuant to Section 309(g) of the CWA, 33 U.S.C. § 1319(g), and in accordance with 40 C.F.R. Part 22 (consolidated rules of practice for assessing administrative civil penalties), EPA proposes entering into a Consent Agreement and Final Order (CA/FO) with Respondents to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. Under the proposed CA/FO, Respondents will pay the United States a civil penalty of $85,000 to resolve this matter

In the Matter of International Industrial Park Inc. and SD Commercial LLC: EPA Docket Number CWA-09-2025-0049

Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondents: International Industrial Park Inc. and SD Commercial LLC, 5440 Morehouse Drive, Suite 400, San Diego, CA 92121

Description of Business or Activity Conducted by the Respondents: Respondents’ Project consists of grading and construction of facilities for industrial purposes, including five industrial pads, access roads, and associated infrastructure.

Summary of Alleged Violations: Respondents discharged dredged and fill material into waters of the United States without obtaining a CWA permit from the U.S. Army Corps of Engineers. 

Proposed Penalty: $85,000

Applicants or Respondents

International Industrial Park Inc. and SD Commercial LLC

5440 Morehouse Drive
Suite 400
San Diego, CA 92121
United States

Docket Numbers

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Last updated on June 3, 2025