Cannabis Cultivators in Humboldt County, California Face Fines Due to Sediment Discharge

June 30, 2022
The complaint adds that the discharge of sediment in the Mad River watershed is concerning as the watershed is listed as an impaired water body under Section 303(d) of the Clean Water Act

Three cannabis cultivators in Humboldt County are facing a $209,687 fine due to sediment discharged into tributaries of the Mad River.

The discharge is a risk to water quality and aquatic life, according to a formal complaint signed by staff of the North Coast Regional Water Quality Control Board, reported The California Water Board

Szagora LLC, Toshko Toshkoff and Rudy Chacon commercially cultivated cannabis on a 100-acre property along the Humboldt-Trinity County line between the towns of Dinsmore and Mad River.

According to the complaint, the cultivators allegedly failed to obtain a permit to legally cultivate cannabis and did not respond to an order requiring them to maintain an access road on their property. This access road must protect water quality and beneficial uses, reported The California Water Board. 

North Coast Water Board staff noted that “the road is undersized, misaligned and contains failed stream crossings that threaten to discharge sediment to the Mad River less than a quarter mile east of the property,” reported The California Water Board.

“By failing to obtain a required permit, follow industry standards and adequately respond to an enforcement order, the unlicensed cultivators gained an unfair advantage over legal cultivators,” said Claudia E. Villacorta, assistant executive officer, reported The California Water Board. “But more importantly, they put a waterway at risk.” 

Due to the sediment delivery to waterways, migration, spawning, reproduction and early development of cold-water fish are negatively impacted. 

The complaint adds that the discharge of sediment in the Mad River watershed is concerning as the watershed is listed as an impaired water body under Section 303(d) of the Clean Water Act due to elevated sedimentation/siltation and turbidity. 

The California Water Board reported that a public hearing to consider the complaint and vote on whether to approve the fine is scheduled for Aug. 4-5 before the North Coast Water Board. 

About the Author

Cristina Tuser

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