Hearing on $1.6 Million Cove Fine Continued

• MoHo Park Ownership Allegedly Violated RWQCB Orders

BY BILL KOENEKER

A hearing to consider a $1.6 million civil penalty against the Kissel Company, owner of the Paradise Cove Mobile Home Park, for alleged violations of several of the Regional Water Quality Control Board’s orders was continued to a December hearing date after a nearly 14-hour session.
The board took public testimony during its morning session when it received evidence and testimony concerning the complaint, but got bogged down in how to interpret the statute that would allow it to agree to the administrative civil complaint in the amount of $1,652,500.
“We knew the staff had asked for three hours and that Kissel had asked for four hours,” said Kirsten James, a water quality director with Heal the Bay, who explained that everyone had anticipated a long hearing, but had no idea how long it would go. When asked to comment on the board’s action, James said it seemed “ridiculous” that the board put the matter off until the end of the year.
Ultimately, board members agreed to allow both sides an agreed to allow both sides an opportunity to submit written reports based on case law concerning the specific statute that would allow for such a fine.
During the morning session, environmentalists, including Kelly Meyer, a Malibuite who said she regularly paddles out past the cove, and Mark Gold, who heads up Heal the Bay, testified that they think cove waters are polluted because of the alleged actions, or lack of action, by Kissel.
For many years, Heal the Bay says it has pressured the board to issue fines for what it calls “egregious continuous violations.” Members have been urging other enviros to support the RWQCB’s staff enforcement action.