State officials are contradicting claims made by San Jose Mayor Matt Mahan in his push to redirect affordable housing money to homeless sweeps and shelters.
Mahan has argued the city faces $60,000 in daily fines per pollutant if the city doesn't address pollution from homeless encampments near creeks by June 2025. It's driving his renewed push to reallocate affordable housing dollars from Measure E toward waterway encampment removals and services. But state officials say the amount being cited is wrong. The most the water board could fine a city is $10,000, but even then it reserves fines for severe violations.
One avenue is for the court to award civil penalties," Environmental Services Department spokesperson Jennie Hwang Loft told San Jose Spotlight. City Budget Director Jim Shannon said the water board's enforcement tools are only one component. "Because the must be informed about the risk to the city, the city attorney's office has referenced the potential exposure of Clean Water Act violations," he told San Jose Spotlight.
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