OB GMA waives daily civil penalty but keeps $500 fine for Saddle Lane well after documentation arrived

Item 8b revisited penalties imposed in March on the well at 07:41 Saddle Lane. Staff (Julia and agency counsel Peter) told the board that subsequent documentation showed the well had a functioning meter but that the operator provided the records late and in a format that required substantial staff and legal time to parse. Counsel said staff recommended rescinding the cumulative daily civil penalty because the meter apparently existed; staff nevertheless emphasized the importance of timely reporting and clear meter readings.

Board members queried the distinction between late fees for extraction statements and fines for noncompliance with meter rules. A director said the deadline for demonstrating compliance is important to operations and urged enforcement to avoid degraded data; another director said keeping a smaller fine but removing the larger daily penalty balanced fairness and enforcement costs. John Whaley, calling in, asked what costs OB GMA incurred and whether rescinding penalties creates a precedent; staff replied they had spent “several thousand dollars” in staff and attorney time but said the agency’s penalty authority is not calibrated to recoup staff costs.

After discussion, Director (motion-maker) moved to rescind the $2,800 daily penalty (the daily penalty had been calculated at roughly $50.50 per day for 56 days) while leaving the one-time $500 fine in place; the motion was seconded and passed on roll call. The board noted options such as placing unpaid fines on property tax rolls in later years but said their current priority is ensuring ongoing meter readings and accurate extraction statements.

The action is procedural enforcement of OB GMA rules; the board did not change the underlying compliance deadline or the broader metering policy in this vote. The board directed staff to monitor future statements for timely meter readings and to report back if noncompliance recurs.