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Board confirms delinquent charges in hazardous-materials enforcement at 930 Grove; owners say cleanup largely finished and seek penalty reduction
Summary
The Board of Supervisors approved a resolution May 24 to confirm delinquent administrative penalties related to an unauthorized release of hazardous materials at 930 Grove Street after a Department of Public Health presentation; property representatives said mitigation work was completed or in progress and asked for penalty relief.
The Board of Supervisors voted May 24 to confirm a report of delinquent administrative civil penalties and recovery costs for the unauthorized release of hazardous materials at 930 Grove Street.
Jonathan Piaques, senior industrial hygienist and manager of the Department of Public Health Hazardous Materials Program, told the board the department has pursued the case since violations were first observed in August 2019 and that cleanup actions remain ongoing. The department transmitted a report of delinquent charges dated April 22, 2022, seeking assessment of unpaid administrative penalties as a lien on the property tax roll.
Owner representatives and project consultants addressed the board during the hearing. Architect John Goldman said the owner engaged certified environmental contractors immediately after the city identified the unauthorized release; Goldman said a certified consultant's letter found the site stabilized and that no further release occurred after Aug. 15, 2019. Chun Pham, representing the owner, told the board the owner spent more than $1 million on abatement and that she had negotiated a settlement with the city to pay $590,000 and to sell the property by July 23, 2023; she asked for a reduction or waiver of the administrative penalty portion.
Deputy City Attorney Anne Pearson told the board the city had filed a separate lawsuit arising from many of the same conditions and that a settlement reached with the owner expressly excludes the administrative penalties that are the subject of the resolution being considered by the board.
On item 26 the board voted unanimously to confirm the report of delinquent charges and to place the unpaid administrative penalties on the property tax roll; the clerk recorded 11 ayes.
Why it matters: Unauthorized disturbances of asbestos, lead, or other hazardous materials can pose public health risks, trigger enforcement actions, require costly abatement, and result in penalties that can be placed as liens on property tax records. The DPH enforcement action and the board's confirmation enable cost recovery efforts while cleanup continues.
Next steps: DPH will continue oversight of abatement; the confirmed delinquent charges may be collected via property tax assessment and the city will proceed under the terms of the separate settlement while preserving the administrative penalty lien.
