I forgot to mention in my last post on SB 88 compliance, https://allwaterrights.com/2019/02/27/hiding-from-the-water-board-dont-worry-get-compliant/, that you’re still okay if you comply with SB 88 now. The Water Board is not issuing Cease And Desist Orders (CDO) or fines for folks who catch up now, even though it’s late. This is true whether you have yet to install a measurement device, a data logger/recorder, or catch up your Reports Of Licensee or Supplemental Statements. I have seen no adverse action for anyone I know, or clients of other consultants. There are a couple of exceptions here:
- You need to catch up before the Water Board contacts you. By that time, you’re probably getting or about to get a CDO with 30 days to comply and report.
- If you’re already being contacted, if you received a CDO, if the Water Board is issuing you an Administrative Civil Liability (ACL), if you’re headed to an ACL hearing, then you still need to comply as quickly as possible. Your hassles and fines will not increased, or they may be significantly reduced, and you may still be able to stop the process before you get fined.
I don’t know what may happen in, say, 2020, for folks who have no data for 2018. The same logic applies: get a data logger in and collecting data as soon as possible, and there might be no hassles even for missing data.
Start with a Request For Additional Time. This is quick to fill out and buys you some instant grace. Also, if you had extenuating circumstances like the Carr, Camp, or Mendocino Complex Fires, or other disasters, send an email to Jeff Yeazell, the Water Board’s Public Contact official outside of the Delta. Jeff is very nice, and he is careful to respond back and to keep the emails he gets.
As always, explain in the Remarks and/or other text sections of your Reports Of Licensee or Supplemental Statements anything that helps explain your late compliance, and anything that shows even partial compliance.
And the best news right now is that the drought is over!