Office of Enforcement - Accomplishments 2012-2013
Highlighted Enforcement Cases for 2011
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Ross Valley Sanitary District:
On June 20, 2012, the San Francisco Bay Regional Water Quality Control Board imposed $1,539,100 in administrative civil liability against the Ross Valley Sanitary District for sanitary sewer overflows and violating the Sanitary Sewer Systems Waste Discharge Requirements Order 2006-0003-DWQ.
Rancho Guejito Corporation Cleanup and Abatement Order No. R9-2013-009:
On April 23, 2013, the San Diego Regional Water Quality Control Board issued Cleanup and Abatement Order No. R9-2013-0009 to Rancho Guejito Corporation (RGC) directing RGC to clean up and abate the effects of unauthorized discharges of debris, sediment, and fill into Guejito Creek and its tributaries.
Richard Sykora Administrative Civil Liability Order No. R5-2012-0093:
On October 5, 2012, the Central Valley Regional Water Quality Control Board issued Administrative Civil Liability Order No. R5-2012-0093 to Richard Sykora, the mine claimant and operator of the Red Ink Maid and Big Seam Mine in Forest Hill.
On January 16, 2013, the Lahontan Regional Water Quality Control Board found the Arimol Group, Inc. (Arimol) had violated Cleanup and Abatement Order No. R6V-2013-008. A $60,000 administrative civil liability was imposed upon Arimol into the State Water Resources Control Board’s State Water Pollution Cleanup and Abatement Account.
On February 28, 2013 the Colorado River Basin Regional Water Quality Control Board issued Administrative Liability Complaint R7-2013-0028to the City of Brawley for effluent violations and violations of a 2008 Cease and Desist Order.
Central Valley Regional Water Board Irrigated Agricultural Discharges:
In 2012, the Central Valley Regional Water Quality Control Board issued two orders against farmers who allowed excess sediment to wash from farm fields into waters of the state. These orders were the first in a new focus on enforcement of water quality regulations against agricultural operators.
The Confusion Hill Project, in Mendocino County on Highway 101, required building two bridges and a new section of highway between the bridges. The project was covered under the Caltrans statewide stormwater permit and a site-specific 401 certification.
South San Luis Obispo Sanitation District:
After settlement negotiations failed to resolve the Administrative Civil Liability complaint against South San Luis Obispo County Sanitation District, for violations related to a sanitary sewer overflow on December 19-20, 2010, the case went to hearing. The prosecution alleged that the overflow was caused by controllable factors, including delayed maintenance and repair, incorrect standard operating procedures, and failed risk assessment and mitigation issues. The parties disagreed about the volume of the overflow and the harm caused by the spill, which included significant property damage to homes and raw sewage backing up into neighboring homes.
There was a regional power outage on September 8, 2011 which caused the City of San Diego to discharge millions of gallons of untreated sewage into Los Penasquitos Creek.
Southern California Environmental Company Owner Serves Jail Time for Fraud:
After a 2-year investigation by the Fraud, Waste, and Abuse Prevention (FWA) unit, Kurt Kane Hayden, 54, of Hayden Environmental, Inc. pleaded guilty in Santa Barbara Superior Court to one felony count of filing a false claim in the form of fraudulent bills submitted to the State Water Resources Control Board’s Underground Storage Tank (UST) Cleanup Fund (Cleanup Fund).
City of Oceanside SSO Settlement:
In December 2010 the Haymar sewer line in the City of Oceanside ruptured during wet weather. An estimated 180,000 gallons to 5.35 million gallons of untreated sewage was discharged from the ruptured line into Buena Vista Creek, Buena Vista Lagoon, and the Pacific Ocean. In March 2012 the San Diego Water Board prosecution team proposed a fine to the City of Oceanside of $1,572,850. The City and the Regional Water Board agreed to settle the case for $770,184, including a cash payment to the Cleanup and Abatement Account and $385,092 on Supplemental Environmental Projects.
Dairy General Order Enforcement:
The Office of Enforcement has represented the Central Valley Regional Water Board in enforcement actions against dairy farmers who have not complied with the General Order for Existing Milk Cow Dairies.
Permit and License Holders Failure to File Annual Water Use Reports
Since 1914, the only means of obtaining an appropriate water right has been by application to the proper state authorities and by completing the necessary steps require to obtain a permit and eventually a license to appropriate. Water right permits and licenses issued by the State Water Board and its predecessors have required the annual reporting of water diversion and use. California Code of Regulations, Title 23, para. 925 and 929 require permitees and licensees to submit annual water use reports no later than July 1.
Enforcing Unauthorized Stream Reservoirs
In 2012, the Office of Enforcement assisted the Division of Water Rights in issuing eleven Administrative Civil Liability complaints and Cease and Desist orders for unauthorized stream reservoirs on northern California streams.
