Enforcement Program
- What's New!
- Enforcement Actions
- Supplemental Environmental Projects
- Enforcement Reports
- Current Cases
News Release
This page is presently under construction. For information about Waterboards enforcement programs, visit the State Water Resources Control Board's Office of Enforcement at:
Go to:
- “CIWQS Database Public Reports” for links to summary violation and enforcement reports, as well as facility specific reports.
Supplemental Environmental Projects (SEPs) and Enhanced Compliance Actions (ECAs)
The 2017 SEP Policy defines an SEP as “an environmentally beneficial project that a person subject to an enforcement action voluntarily agrees to undertake in settlement of the action and to offset a portion of a civil penalty.” SEPs typically enhance the beneficial uses of waters of the state, provide a benefit to the public at large, and at the time they are included in the resolution of an Administrative Civil Liability (ACL) action, are not otherwise required of the discharger. SEPs are intended to address or mitigate environmental harm to affected waters.
The State Water Board’s Enforcement Policy defines ECAs as projects that enable a discharger to make capital or operational improvements beyond those required by law, and are separate from projects designed to merely bring a discharger into compliance. ECAs are intended to protect beneficial uses from additional or future impacts, and must conform to all the requirements of an SEP, as described in the 2017 SEP Policy.
Dischargers that have been assessed an ACL (monetary penalty) by the Regional Water Board may satisfy up to 50 percent of the total liability by funding an eligible SEP or ECA. For settlements of violations giving rise to mandatory minimum penalties (MMPs) pursuant to Water Code section 13385, subdivision (h) or (i), where the penalty amount equals fifteen thousand dollars ($15,000) or less, the entire penalty amount may be directed to be expended on a SEP without prior approval from the Director of the Office of Enforcement (OE), provided the SEP meets the requirements of this Policy. Where MMPs total more than $15,000, $15,000 plus 50% of the remaining civil liability may be directed towards a SEP without prior approval from the Director of OE.
The portion of the liability to be applied towards a project is suspended, and dismissed when the discharger can demonstrate successful completion of the proposed project(s). A discharger can either conduct the SEP or ECA directly, or contract with a third party to complete the project.
In compliance with Public Resources Code Division 34, Part 3, section 71118, subdivision (b), the 2017 SEP Policy includes provisions intended to benefit disadvantaged communities (DACs), as well as environmental justice (EJ) communities, and communities with financial hardship.
The North Coast Regional Water Board and its staff have affirmed a continuing commitment to coordinate enforcement and compliance assistance in disadvantaged communities. Enforcement staff regularly include compliance assistance in settlement considerations for enforcement on disadvantaged communities. In August 2016, North Coast Regional Water Board staff presented to the Board a report identifying the DACs and communities with financial hardship throughout the North Coast Region . Community population, income, employment, and other statistics vary over time; the August 2016 staff report provides information and links to assist in finding currently available community statistics.
Active and Completed SEPs, ECAs, and CPs
The links below provide tables which list the active and completed SEPs, ECAs (Enhanced Compliance Actions), and CPs (Compliance Projects) for each Regional Board from January 2012 through December 2018. Each of these projects were authorized through the settlement of an Administrative Civil Liability (ACL). Information about ECAs and CPs may be found in the 2017 Water Quality Enforcement Policy.
- Region 1 (North Coast)
- Region 2 (San Francisco Bay)
- Region 3 (Central Coast)
- Region 4 (Los Angeles)
- Region 5- Fresno (Central Valley, Fresno office)
- Region 5- Redding (Central Valley, Redding office)
- Region 5- Sacramento (Central Valley, Sacramento office)
- Region 6 (Lahonton)
- Region 7 (Colorado River)
- Region 8 (Santa Ana)
- Region 9 (San Diego)
Additional information about current and historic SEPs and ACLs may be found using the CIWQS database. Each of these public reports can be searched and sorted in multiple ways.
Potential Projects
The Regional Water Board accepts new project proposals on a continuous basis, and updates its list of approved projects at least quarterly. The current list of approved projects is available at this link:
Additional projects proposal: In response to Regional Water Board staff's first solicitation for projects to place on the SEP list, staff received a number of project ideas and concepts that would require further scoping. The current list of project ideas requiring further scoping can be found at this link:
The SEP Policy provides that Regional Water Boards and Divisions may also compile an interested parties list that, while they may not have specific projects on the list, could be contacted at the time of settlement for a SEP proposal. A current list of interested parties* in the North Coast Region is available at this link:
- Link coming soon
*Any public or private party that (a) can receive and distribute funds and (b) has the ability to complete an eligible project may request to be added to the list of interested parties by contacting Regional Water Board staff at Diana.Henrioulle@waterboards.ca.gov.
Submitting Project Proposals
Proposals for SEPs should be submitted to the State Water Board’s Office of Enforcement (OE), using the Water Board SEP Proposal Form. Please review the Supplemental Environmental Projects FAQ document before submitting your proposal.
Questions?
For more information about water quality enforcement and environmental projects in the North Coast Region, contact Diana Henrioulle at Diana.Henrioulle@waterboards.ca.gov.
Definitions
"Disadvantaged Community” per Health and Safety Code section 39711 includes:
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Areas disproportionately affected by environmental pollution and other hazards that can
lead to negative public health effects, exposure, or environmental degradation; or -
Areas with concentrations of people that are of low income, high unemployment, low
levels of homeownership, high rent burden, sensitive populations, or low levels of
educational attainment.
“EJ Community”, by reference to Government Code section 65040.12, subdivision (e) includes:
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A community that bears a disproportionate share of the negative environmental
consequences resulting from industrial, governmental, and commercial operations or policies: or -
A community without meaningful involvement in the development, implementation, and
enforcement of environmental laws, regulations, and policies.
“Financial hardship” means that the community meets one of the following criteria:
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Median household income for the community is less than 80 percent of the California median household income;
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The community has an unemployment rate of 10 percent or greater; or
- Twenty percent of the population is below the poverty level.
25 Most Recent Enforcement Actions (Notices of Violation and Adopted Orders)
All Adopted Orders may be found on the North Coast Adopted Orders Search PageEnforcement Report Archive as reported to the North Coast Regional Board
These items are also in the Executive Officer Reports on the Board Meeting page.-
2019
- Enforcement Actions Taken by the North Coast Regional Water Board as of 01/18/2019
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 9/13/2018 Francis Carrington NOV Failure to obtain Waste Discharge Requirements (WDR) coverage for timber harvest activities for Timber Harvest Plan 1-18-041 HUM Resolved Comments: On September 13, 2018, the Nonpoint Source and Surface Water Protection Division Chief issued a Notice of Violation to Francis Carrington for failure to obtain WDR coverage for timber harvest activities in the Blue Slide Creek watershed, a tributary to the Mad River hydrologic unit. On September 7, 2018, Mr. Carrington submitted an enrollment request, and his THP was enrolled on September 12, 2018. The violation was resolved before the NOV was issued. No further action is required.
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 9/21/2018 The County of Sonoma, Cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa, Sebastopol, Ukiah, Town of Windsor and Sonoma County Water Agency Time Schedule Order (TSO) N/A. Dischargers under Order No. R1- 2015-0030 requested time extensions to complete various tasks required by the Order. Ongoing Comments: On September 21, 2018, the Executive Officer issued a TSO, Order No. R1-2018-0030, to the County of Sonoma, Cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa, Sebastopol, Ukiah, Town of Windsor and Sonoma County Water Agency providing new/revised deadlines to complete a number of the tasks required by the NPDES permit and WDR for discharges from the municipal separate storm sewer systems (MS4s). This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 10/31/2018 Ukiah Wastewater Treatment Plant TSO N/A. Discharger requested an extension to deadlines in WDRs Ongoing Comments: On October 31, 2018, the Executive Officer issued a Time Schedule Order to the Ukiah Wastewater Treatment Plant specifying time schedules to comply with NPDES permit (NPDES No. CA0022888) and Waste Discharge Requirements contained in Order No. R1-2018-0035. This Order addressed a March 26, 2018, letter from the Discharger indicating it would be unable to immediately comply with the effluent limitations in the WDRs. The TSO provides interim effluent limitations with a requirement that the Discharger achieve full compliance with final effluent limitations in the WDRs by January 1, 2025. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 11/6/2018 Lyme Redwood Forest Company, LLC NOV Failure to obtain WDR coverage for timber harvest activities for Timber Harvest Plan 1-18-048 MEN Resolved Comments: On January 6, 2018, the Nonpoint Source and Surface Water Protection Division Chief issued a Notice of Violation to Lyme Redwood Forest Company, LLC, for failure to obtain WDR coverage for timber harvest activities in the Little North Fork and Duffy Gulch planning watershed, Noyo River hydrologic area. On November 6th, Lyme Redwood Forest Company, LLC, enrolled for coverage. No further action is required
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 11/26/2018 Rodolfo Machado NOV/13267 Order Failure to obtain regulatory coverage for waste discharges from cannabis cultivation Ongoing Comments: On November 26, 2018, the Assistant Executive Officer issued a Notice of Violation/13267 Order for failure to obtain regulatory coverage for waste discharges from cannabis cultivation and failure to provide a correction plan for water quality-related violations observed by staff during an August 22, 2017, inspection. The property is located in the McGinnis Creek watershed, tributary to the Lower Mattole River watershed, in the Mattole River hydrologic subarea. This Order followed a May 3, 2018, NOV and 13260 directive issued by the Cannabis and Enforcement Division Chief. Mr. Machado did not answer the May 3 NOV and, as of January 18, 2019, Mr. Machado has not yet contacted the Regional Water Board in response to the November 26 Order. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 12/11/2018 Steven Westbrook, Reservation Ranch NOV & 13267 Violations of WDR and unlawful discharges of waste to waters of the State Ongoing Comments: On December 11, 2018, the Assistant Executive Officer issued a Notice of Violation and 13267 Order for unlawful discharges of waste into waters of the State and violations of the Conditional Waiver of Waste Discharge Requirements, Order No. R1-2012-0003, for Existing Cow Dairies in the North Coast Region to Mr. Steven Westbrook, manager and co-owner of Reservation Ranch. Reservation Ranch is located in Del Norte County in the Smith River watershed. On January 9, 2017, the Regional Water Board issued a 13267 Order requiring information about levee construction and placement of earthen fill, trash, and cow carcasses in surface waters. Following an inspection of the site, Regional Water Board staff obtained new information indicating additional unpermitted discharges of fill material into waters of the State including the construction of six unpermitted crossings. The December 11, 2018, Order requires that Mr. Westbrook submit a technical report providing information on water crossing development; hydrology, water storage and pump operations; and road development by April 10, 2019. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 12/28/2018 Robert Green NOV & 13267 Violation of 401 Certification and Construction General Permit Ongoing Comments: On December 28, 2018, the Assistant Executive Officer issued a Notice of Violation and 13267 Order for unauthorized discharges of waste to waters of the State, in violation of the Clean Water Act section 401 Certification (401 certification) and Construction General Permit (CGP) for site development on the Saggio Hills Project, located at the north end of Healdsburg in Sonoma County. Regional Water Board staff inspected the site on November 29, 2018 and observed highly turbid water discharging off the site and a lack of BMPs to prevent or minimize pollutants from discharging off site and into surface waters including the Russian River and tributaries thereto. On December 3, 2018, Regional Water Board staff notified the discharger that based on observed sediment discharges from the site, all project activities were to cease immediately until adequate BMPs were implemented, pursuant to Condition 11 of the 401 Certification. On December 11, 2018, at the request of Mr. Green, staff returned to inspect the site, and observed significant improvements to the sediment and erosion control BMPs deployed on the site. Staff also confirmed improvements to plans for pollution control efforts for the remainder of the winter. Accordingly, on December 13, 2018, staff authorized the Discharger to resume project activities. The 13267 Order, issued two weeks later, requires the Discharger to submit technical reports concerning receiving water monitoring data during daily rain events and to submit information regarding storm water discharge volumes, soil removal volumes, land disturbance activities timeline, BMP implementation, and a wet season soil disturbance plan by January 31, 2019. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18, 2019 01/04/2019 Carol Michener NOV Violation of the General Waste Discharge Requirements for Discharges for Timber Operations on Non-Industrial Timber Management Plans (NTMP) Ongoing Comments:On January 4, 2019, the Southern Nonpoint Source and Forestry Unit Supervisor issued a Notice of Violation to Ms. Carol Michener for violations of the WDR for Discharges for Timber Operations on Non-Industrial Timber Management Plan 1-03NTMP-037 TRI. The NTMP site is located in the Middle Kekawaka Creek planning watershed, tributary to the Middle Main Eel River. On October 16, 2018, staff from the Regional Water Board inspected the site and observed slash that had been placed in a Class I watercourse, undersized and failing culverts, and sites without proper drainage facilities. The NOV provided guidelines for the Discharger to address the violations and bring the project into compliance with the provisions of the NTMP General Waste Discharge Requirements by no later than April 15, 2019. This matter is ongoing.
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2018
- Enforcement Actions Taken by the North Coast Regional Water Board as of 10/16/2018
Date Issued Discharger Action Type Violation Type Status as of October 16, 2018 8/24/2018 Eric Merlo NOV Failure to obtain WDR
coverage for timber
harvest activities for
Timber Harvest Plan 2-
17-015 SISResolved Comments: On August 24, 2018, the Nonpoint Source & Surface Water Protection Division Chief issued a NOV to Eric Merlo for failure to obtain WDR coverage for his timber harvest operations in the Skookum Gulch watershed, tributary to Moffett Creek, in the Scott River hydrologic area. On July 2, 2018, Mr. Merlo sent in an enrollment request and was enrolled on July 10, 2018. No further action is required.
Date Issued Discharger Action Type Violation Type Status as of October 16, 2018 8/30/2018 JC Construction LLC,
Jason and Kerry JonesNOV Unauthorized discharges
to waters of the stateOngoing Comments: On August 30, 2018, the Cannabis and Compliance Assurance Division Chief issued a NOV to JC Construction LLC, Jason and Kerry Jones for earthen fill material on areas previously identified as federal jurisdictional wetlands and critical habitat for the California tiger salamander. The NOV refers the Dischargers to an enclosed February 22, 2018 inspection report that includes recommendations for correcting the violations. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of October 16, 2018 9/20/2018 Sanel Ljesnjanin and
Uchenna UkazimModification to a Cleanup
and Abatement OrderDischarge of diesel into
receiving watersOngoing Comments: On September 20, 2018, the Executive Officer issued a modification to Cleanup and Abatement Order No. R1-2018-0012 (CAO). The initial CAO was issued January 25, 2018, in response to a diesel spill that migrated to and impacted Rocktree Creek in the upper Eel River watershed. Cleanup efforts at the site included removal of approximately 260 cubic yards of soil, and were also to include installation and use of monitoring and extraction wells, but the wells have not been installed, to date. On July 30, 2018, a contractor working on the site for the Dischargers reportedly noticed red diesel fuel entering the creek bed. The modifications to the CAO provide additional directives and deadlines for investigation and cleanup in light of onsite activities completed since initial issuance of the CAO, and the continued impacts and threatened impacts to water quality associated with the spilled diesel. This matter is ongoing, and discussed further in the entry below.
Date Issued Discharger Action Type Violation Type Status as of October 16, 2018 9/21/2018 Sanel Ljesnjanin and
Uchenna Ukazim ;NOV Failure to fully
comply with CAOOngoing Comments: On September 21, 2018, the Assistant Executive Officer issued an NOV to Sanel Ljesnjanin and Uchenna Ukazim (Dischargers) advising them of violations for their failure to fully comply with Cleanup and Abatement Order No. R1-2018-0012 (CAO). The CAO required the Dischargers to submit and implement workplans and to provide reports. The Dischargers have failed to meet a number of deadlines, with deliverables provided late or not at all. As discussed in the entry above, limited cleanup/remediation work has occurred on the site, with removal of approximately 260 cubic yards of soil, but no subsequent extraction of contaminated groundwater. Spilled diesel fuel remains on the site in soil, groundwater, and/or surface water. The NOV advises the Dischargers that as of September 15, 2018, the cumulative number of days of CAO violations is 2,801, and the estimated maximum liability is $14,005,000. This matter is ongoing
- Enforcement Actions Taken by the North Coast Regional Water Board as of 08/16/2018
Date Issued Discharger Action Type Violation Type Status as of August 16, 2018 6/18/2018 Benjamin Philip Diaz Cannon NOV & 13267 Non-compliance with Cannabis
WDR and unauthorized
discharges to waters of the stateOngoing Comments: On June 18, 2018, the Cannabis and Compliance Assurance Division Chief issued a Notice of Violation (NOV) to Benjamin Philip Diaz Cannon for failure to enroll his property for coverage in either the State or Regional cannabis cultivation waste discharge regulatory program (cannabis regulatory program) and for unauthorized discharges of waste into Mill Creek, Russian River Watershed, Sonoma County. The NOV requires the Discharger to obtain regulatory coverage by July 3, 2018 and to submit a Site Management and Site Erosion and Sediment Control Plan by July 19, 2018. Mr. Diaz has advised staff that he is no longer cultivating cannabis on his property, but has not yet furnished an erosion control plan. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of August 16, 2018 6/26/2018 Christopher Blount NOV Non-compliance with Cannabis
WDR and unauthorized discharges
to waters of the stateNot in Compliance Comments: On June 26, 2018, the Cannabis and Compliance Assurance Division Chief issued an NOV to Christopher Blount for failure to enroll in the cannabis regulatory program and for unauthorized discharges of waste into Little Larabee Creek, Eel River Watershed, Humboldt County. The NOV requires the Discharger to obtain regulatory coverage by July 3, 2018 and to submit a Water Resource Protection Plan (WRPP) and schedule to correct violations and addresses the threat of future discharge to the Little Larabee Creek watershed by July 30, 2018. To date, Mr. Blount has not responded to the NOV. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of August 16, 2018 6/27/2018 Shadow Light Ranch, LLC NOV Non-compliance with Cannabis
WDR and unauthorized discharges
to waters of the stateOngoing Comments: On June 27, 2018, the Cannabis and Compliance Assurance Division Chief issued an NOV to Shadow Light Ranch, LLC for failure to comply with the Regional cannabis order, under which the property is enrolled, and for unauthorized discharges of waste into Ohman Creek, Eel River Watershed, Humboldt County. The NOV directs the Discharger to provide a revised WRPP that includes a description of proposed work and a schedule to correct those violations by July 27, 2018. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of August 16, 2018 6/27/2018 Edwin Barahona NOV Non-compliance with Cannabis
WDR and unauthorized discharges
to waters of the stateOngoing Comments: On June 27, 2018, the Cannabis and Compliance Assurance Division Chief issued an NOV to Edwin Barahona for failure to enroll in the cannabis regulatory program and for unauthorized discharges of waste into Little Larabee Creek, Eel River Watershed, Humboldt County. The NOV requires the Discharger to obtain regulatory coverage by July 3, 2018 and to submit a WRPP and schedule to correct violations and addresses the threat of future discharge to the Little Larabee Creek watershed by July 30, 2018. The NOV was not successfully delivered to Mr. Barahona by U.S. mail. Staff have been in contact with Mr. Barahona’s legal and consulting representatives in an effort to deliver the NOV and inspection report. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of August 16, 2018 6/28/2018 City of Ukiah Stipulated Order for ALCO MMPs Ongoing Comments:
On June 28, 2018, the Executive Officer issued a Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (ACLO) R1-2018-0024 to the City of Ukiah in the amount of $33,000 for Mandatory Minimum Penalties (MMPs) associated with their Wastewater Treatment Plant (WWTP). As described in the ACLO, the Discharger has proposed to apply the penalties towards completion of a Supplemental Environmental Project (SEP) that will be carried out by the San Francisco Estuary Institute. The SEP is intended to support the City of Ukiah’s Storm Water Resource Management and Habitat Protection and Restoration by mapping and ranking potential high priority green infrastructure projects and to help the City identify stream restoration opportunities. The project is currently underway and is to be completed by July 15, 2019.
Date Issued Discharger Action Type Violation Type Status as of August 16, 2018 7/19/2018 Richard Davis—Lowell NOV & 13267 401 Certification
Non—complianceOngoing Comments: On July 19, 2018, the Assistant Executive Officer (AEO) issued an NOV to Richard Davis—Lowell, Davis Property—King Ridge Road Bank Stabilization project, Mendocino Coast Watershed, Mendocino, for failure to fully implement the Clean Water Act Section 401 Water Quality Certification (401 certification) as approved. Following a request by the discharger to rescind the certification, staff inspected the project site and identified violations and deviations from the approved project. The NOV directs the discharger to provide various technical reports that address the violations and propose steps to correct the violations. The reports are due by September 3, 2018. This matter is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 06/18/2018
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 4/30/2018 Kevin McKenny CAO & 13267 Unauthorized discharges to
waters of the stateand failure to
obtain necessary permitsOngoing Comments: On May 30, 2018, the Executive Officer (EO) issued Cleanup and Abatement (CAO) and Water Code section 13267 Order No. R1-2018-0031 to Kevin McKenny for installation of subdrains and pipes with outfalls to waters of the state, grading in wetlands, and removing riparian habitat without proper permits on property near the city of Eureka. The Order requires the Discharger to eliminate the threat of future discharges, delineate and report on the extent and timing of wetland disturbance, restore the site to pre-disturbance conditions, and monitor and report on the success of restoration activities. The CAO also directs the Discharger to enroll the site for coverage under the NPDES General Permit for construction stormwater discharges.
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 5/3/2018 Rodolfo Machado NOV Unauthorized discharges
to waters of the state related
to cannabis cultivationOngoing Comments: On May 3, 2018, the Cannabis and Compliance Assurance Division Chief issued a Notice of Violation (NOV) to Rodolfo Machado for unauthorized discharges to waters of the state associated with site development and use for cannabis cultivation on a property in the Conklin Creek watershed, tributary to the Mattole River in Humboldt County. The NOV includes a directive for the Discharger to enroll for coverage under the statewide cannabis order and to submit a plan and schedule to correct water quality violations. As of June 18, 2018, it does not appear that the Discharger has responded to the NOV. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 5/4/2018 City of Ferndale Stipulated Order for ACLO MMPs Complete Comments: On May 4, 2018, the EO issued a Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (ACLO) R1-2018-0006 to the City of Ferndale in the amount of $30,000 for Mandatory Minimum Penalties (MMPs) associated with their Wastewater Treatment Facility (WWTF). As described in the ACLO, the Discharger had proposed to apply the penalties towards completion of the Compliance Project (CP) involving repair of a portion of the sewer mainline subject to significant inflow/infiltration during winter months and storm events. The CP was to be completed by June 1, 2018. The Discharger submitted a final report May 30, 2018 certifying that the CP had been completed.
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 5/23/2018 City of Fortuna EPL MMPs Ongoing Comments: On May 23, 2018, the EO issued an Administrative Civil Liability Order (ACL)) Expedited Payment Letter (EPL) No. R1-2018-0010 to the City of Fortuna for MMP violations in the amount of $6,000. The EPL affirms that Discharger’s proposal to pay the penalty and to waive the right to a hearing. The penalty is due to be paid to the State Water Board’s Cleanup and Abatement Account (CAA) by June 22, 2018.
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 5/30/2018 Clay K. Tucker, et al CAO Unauthorized or potential
unauthorized discharges of waste
earthen material/sediment to
waters of the state associated
with a shared use road.Ongoing Comments:
On May 30, 2018, the EO issued CAO R1-2018-0036 to Clay K. Tucker, Erika Tucker, Independence Corporate Offices Inc. (ICO), Rincon Land Holdings LLC (Rincon), Matthew Telles, Wanderlust Healing Retreat LLC, David K. Jensen, Mario Rodriguez, Michael Linarte, Vada Trott, Horacio Cufre-Urrutia, Thunderbird Land Management LLC, John R. Kimball, and Edna Kimball for constructing and/or allowing construction of private shared use roads without adequate stream crossings and erosion control or sediment containment features.
It is likely that runoff from these roads will transport and deliver sediment to Frietas Gulch, Mule Gulch and Indian Creek and their tributaries, in the Middle Fork Trinity River watershed in eastern Trinity County. The Order requires the Dischargers to develop and implement a plan to correct all features associated with the shared access road system that are causing or resulting in discharges of earthen material/sediment into surface waters, including improving, upgrading, and/or decommissioning road segments and watercourse crossings.
This CAO stemmed from observations made by Regional and State Water Board staff while participating in multi-agency watershed enforcement team (WET) inspections associated with the cannabis program, during which staff inspected approximately ten private properties throughout the Indian Creek watershed. Where applicable, staff are also working with individual property owners either through compliance assistance or progressive enforcement to address water quality violations/threatened violations observed/documented in their respective properties, apart from the shared use roads. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 5/31/2018 Alexandre Ranches LLC NOV & 13267 Unauthorized discharges to
waters of the stateOngoing Comments: On May 31, 2018, the Assistant Executive Officer (AEO) issued an NOV and 13267 Order for Technical Reports to Alexandre Ranches LLC for unauthorized discharges of waste into waters of the state. During a February 21, 2018, inspection, staff observed turbid runoff discharging into Morrison Creek, Smith River Watershed, Del Norte County, from a recently excavated ditch. Staff also observed excavated dirt discharged to areas throughout the site, including jurisdictional wetlands. The Discharger is directed to submit a technical report that contains various reports and plans by July 31, 2018. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 6/7/2018 City of Eureka Stipulated Order for ACLO MMPs Project underway Comments: On June 7, 2018, the EO issued a Settlement Agreement and Stipulation for Entry of ACLO to the City of Eureka in the amount of $48,000 for MMPs associated with its Wastewater Treatment Facility (WWTF). The Discharger proposes to pay $16,500 of the penalties to the CAA and to apply the remainder of the penalties towards a Supplemental Environmental Project (SEP) involving installation of Low Impact Development features within a City-owned parking lot to treat, detain and infiltrate storm water before it is discharged to Humboldt Bay. The SEP is to be completed by June 31, 2019, with the first quarterly progress report due June 30, 2018.
Date Issued Discharger Action Type Violation Type Status as of June 18, 2018 6/7/2018 Allen Henderson NOV Violation of directives for
CAO/13267 Order No. R1-2015-0016Ongoing Comments: On June 6, 2018, the Cannabis and Compliance Assurance Division Chief issued an NOV to Allen Henderson, Laguna Watershed, Sonoma County, for failure to submit a complete revised Restoration, Mitigation, and Monitoring Plan meeting the requirements as specified in CAO & 13265 Order R1-2015-0016. The Discharger submitted an incomplete Plan on April 17, 2018. The NOV identifies those required items not included in the Plan, and directs the Discharger to submit a complete report by July 9, 2018. This matter is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 04/25/2018
Date Issued Discharger Action Type Violation Type Status as of April 25, 2018 3/21/2018 Green Diamond Resource Company NOV Unauthorized discharges
to waters of the stateComplete Comments: On March 21, 2018, the Nonpoint Source and Surface Water Protection Division Chief issued and Notice of Violation (NOV) to Green Diamond Resource Company for discharges from a road used in the wet season due to a lack of adequate drainage and road surface protection. On February 21, 2018, the Discharger submitted the Notice of Discharge to Staff, which documented that the Site was cleaned and re-rocked on February 14, 2018. No further action is required.
Date Issued Discharger Action Type Violation Type Status as of April 25, 2018 3/28/2018 Sunday Morning LLC NOV Unauthorized discharges
to waters of the state associated
with cannabis cultivationOngoing Comments: On March 28, 2018, the Assistant Executive Officer (AEO) issued an NOV to Sunday Morning LLC for unauthorized discharges to waters of the state from site development and use for cannabis cultivation. The NOV transmits a site inspection report, includes a directive to enroll for regulatory coverage for waste discharge, and requires the discharger to submit a Water Resource Protection Plan (WRPP) and schedule to address violations. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of April 25, 2018 4/5/2018 Rhys Vineyards NOV No.2 NOV/13267 Ongoing Comments: On April 5, 2018, the AEO issued an NOV to Rhys Vineyards for failure to fully comply with an NOV/13267 Order sent on February 24, 2017. The NOV identifies the Order directives that had not been satisfactorily fulfilled, transmits a draft Cleanup and Abatement Order (CAO) that includes directives to correct deficiencies in information provided, and advises the recipients that staff anticipate issuance of a final CAO on or around June 4, 2018. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 25, 2018 4/9/2018 Thomas and Tina Harwood CAO Unauthorized discharges to waters
of the state and failure to obtain
necessary permitsOngoing Comments: On April 9, 2018, the EO issued Cleanup and Abatement Order No. R1-2018-0027 to Thomas and Tina Harwood for unauthorized discharges of waste to waters of the state from an illegally constructed, unlined pond. The dischargers used an unlicensed contractor to build the pond, after the start of the rainy season, without applicable permits for land clearing, grading, and instream work. In inspecting the pond, staff observed that the interior and exterior slopes of the unlined, earthen pond had slope failures resulting in actual and threatened sediment discharges to surface waters. In reflection of the imminent threat of catastrophic failure, staff recommended, and the EO concurred, that it was appropriate to issue a final CAO directly, rather than first issuing a draft CAO. The CAO requires that the dischargers take immediate action to prevent pond failure and/or minimize the potential for adverse impacts to receiving waters resulting from pond failure. The CAO further directs the dischargers to submit plans and timelines to correct sources of active and threatened discharges of waste to receiving waters throughout the property. The dischargers have taken immediate steps as directed to prevent pond failure and, to date, the pond has not failed. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 25, 2018 4/11/2018 Dorn Family Partnership NOV Failure to comply with NTMP General
Waste Discharge RequirementsOngoing Comments: On April 11, 2018, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to the Dorn Family Partnership for failure to comply with the General WDRS for NonIndustrial Timber Management Plans, Order No. R1- 2013-0005. The NOV directs the discharger to take steps to address the violations, submit for review and approval a description of all controllable sediment discharge sites on the plan area and proposed corrective actions, by June 15, 2018, and fully implement all corrective actions by September 15, 2018. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 25, 2018 4/24/2018 Loleta CSD WWTF ACLC MMPs Ongoing Comments: On April 24, 2018, the AEO issued an Administrative Liability Complaint Order No. R1- 2018-0026 to Loleta CSD WWTF for violations subject to mandatory minimum penalties (MMPs). The ACLC covers the period from June 1, 2014, to February 28, 2018, during which the discharger reported 111 effluent limit violations. 110 of these violations are subject to MMPs. Accordingly, the proposed penalty is $330,000. Response from the discharger is due by May 24, 2018. This matter is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 03/20/2018
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 1/12/2018 Eric Doricko NOV Unauthorized discharges
to waters of the stateOngoing Comments: On January 12, 2018, the Assistant Executive Officer (AEO) issued a Notice of Violation (NOV) to Eric Doricko for unauthorized discharges of sediment to waters of the state in association with site development and cannabis cultivation. The NOV requires the Discharger by March 1, 2018, to submit a workplan for implementation and monitoring of corrective actions and management measures to address active and threatened discharges of waste to Mill Creek and its tributaries in the Mattole River watershed. The Discharger has submitted a workplan, currently under review by staff. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 1/12/2018 Sean Boyle NOV Unauthorized discharges
to waters of the stateOngoing Comments: On January 12, 2018, the AEO issued a NOV to Sean Boyle for unauthorized discharges of earthen and organic material associated with development and use of roads and clearings/earthen pads for cannabis cultivation. Mr. Boyle is not enrolled in Cannabis program. The NOV directs that by March 1, 2018, Mr. Boyle submit a workplan for implementation and monitoring of corrective actions and management measures to address active and threatened discharges of waste to Mill Creek and its tributaries in the Mattole River watershed. To date, the Discharger has not submitted the workplan. Staff are in communication with the Discharger. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 1/24/2018 Willits WWTF Expedited Payment/NOV MMPs Resolved Comments: On January 24, 2018, the EO adopted Expedited Payment Program (EPP) Administrative Liability Order No. R1-2017-0053 for the City of Willits Wastewater Treatment Facility, addressing one effluent limit violation subject to mandatory minimum penalties, requiring payment of $3,000. On February 27, 2018, the Discharger paid the $3,000. No further action is required.
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 2/7/2018 Douglas and Heidi Cole,
Marble Mountain RanchNOV Past due deliverables required by
CAO R1-2016-0031Ongoing Comments: On February 7, 2018, the AEO issued a fourth NOV to Douglas and Heidi Cole, Marble Mountain Ranch, for failure to comply with Cleanup and Abatement (CAO) R1-2016-0031. The CAO pertains to impacts and potential impacts to water quality and the beneficial uses of Irving Creek, Stanshaw Creek and the Klamath River associated with the conveyance of water diverted from Stanshaw Creek, used on the Marble Mountain property, and discharged into Irving Creek. This enforcement action is part of a joint enforcement effort with the State Water Board’s Division of Water Rights. On November 13-17, 2017, State Board held a hearing to review various aspects associated with the facility’s diversion and use of water and its water rights. To date, the State Water Board has not provided a final decision or direction based on the November 2017 hearing. This fourth NOV reminds the Dischargers that they remain subject to the requirements and deadlines of the CAO, and directs the Dischargers to submit Directive No. 1 within 45 day of receipt of the NOV. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 2/7/2018 City of Healdsburg Expedited Payment/NOV MMPs Resolved Comments: On February 7, 2018, the EO issued an Expedited Payment Program Order No. R1-2017-0036 to the City of Healdsburg Wastewater Treatment Facility (WWTF) addressing one serious violation subject to mandatory minimum penalties, requiring payment of $3,000. On March 7, 2018, the Discharger paid the $3,000. No further action is required.
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 3/8/2018 Steven Westbrook,
Reservation RanchNOV Failure to fully comply with
January 9, 2017, Water Code
13267 OrderOngoing Comments: On March 8, 2018, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to Steven Westbrook, Reservation Ranch, for failure to fully comply with a January 9, 2017, Water Code section 13267 Order/NOV (Order) which required submittal of various reports. To date, the Discharger has submitted technical information fulfilling some but not all of the Directives of the Order. The March 2018 NOV reviews the compliance status and identifies those directives which remain outstanding. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 3/9/2018 Andrew Merkel NOV Unauthorized discharges of waste
to waters of the stateOngoing Comments: On March 9, 2018, the AEO issued an NOV to Andrew Merkel for unauthorized discharges of waste to waters of the state under the Cannabis WDRs. During a June 8, 2017, inspection, staff observed a stream that runs through the property and is obstructed by the driveway on the property. This stream appears to be altered from historic conditions shown on aerial imagery prior to the onsite construction work, and staff observed that the stream is eroded into a gully as it enters Hayfork Creek. In an accompanying inspection report, staff provided recommendations to repair and/or protect the watercourse. The NOV directs the Discharger, within 30 days of the date of the NOV, to either contact staff or revise the Water Resource Protection Plan to address the violations identified during the inspection. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of March 20, 2018 3/20/2018 California Department
of TransportationACLO Unauthorized discharges of waste
to waters of the State and United
States; permit violationsOngoing Comments:On March 20, 2018, the Executive Officer executed a Settlement Agreement and Stipulation (Order) assessing a $1,999,999 penalty on the California Department of Transportation for Clean Water Act and California Water Code violations associated with construction of the Highway 101 Willits Bypass project. The violations occurred as a result of inadequate pollution prevention control measures and sediment discharges to Haehl Creek, a tributary of Baechtel Creek, Outlet Creek, and the South Fork Eel River. The adopted Order requires Caltrans to pay $1,954,999.00 to the State Water Resources Control Board’s Cleanup and Abatement account, and to apply $45,000 towards a Supplemental Environmental Project (SEP). The SEP, to be conducted by San Francisco Estuary Institute (SFEI), will consist of making 35 Clean Water Act Section 401-certified Caltrans projects and maps from the North Coast available online through EcoAtlas, a database of information and maps of aquatic resources.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 01/18/2018
Date Issued Discharger Action Type Violation Type Status as of January 18,2018 11/17/17 Severi’s Service Water Code Section 13267 Order Unauthorized discharges of petroleum hydrocarbons
to waters of the stateOngoing Comments: On November 17, 2017, the Assistant Executive Officer (AEO) issued a Water Code section 13267 order to Severi’s Service in Fort Bragg, directing investigation of a release of petroleum hydrocarbon from the underground storage tanks previously located at the site. The order requires the Dischargers to develop: 1) A workplan to complete a preliminary site assessment and 2) A technical report of the complete implementation of the workplan. The first deliverable is due February 13, 2018. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18,2018 11/20/17 Roseburg Forest Products NOV & 13267 Order Unauthorized discharges of
waste to waters of the stateOngoing Comments:On November 20, 2017, the AEO issued an Notice of Violation (NOV) and section 13267 order to Roseburg Forest Products for unauthorized discharges to Boles Creek and Beaughton Creek, waters of the state, from ponds located on the site. Seven unauthorized discharges occurred between January 8, 2017, and April 12, 2017. The NOV/13267 directs the Discharger to submit a technical report that lists all unauthorized discharges within the last five years, due January 12, 2018, and a long-term plan to prevent further unauthorized discharges, due by February 28, 2018.
Date Issued Discharger Action Type Violation Type Status as of January 18,2018 11/20/17 City Ventures Homebuilding Inc. Revised NOV & 13267 Order Unauthorized discharges of
sediment to waters of the stateOngoing Comments: On November 20, 2017, the AEO issued a revised NOV and section 13267 order to City Ventures Homebuilding Inc. for its Fox Hollow project in Santa Rosa, requesting additional information in order to gain a complete understanding of the violations described in an earlier NOV/13267 order issued to the discharger on March 7, 2017. The revised NOV/13257 Order requires that the discharger provide the additional information by January 10, 2018.
Date Issued Discharger Action Type Violation Type Status as of January 18,2018 12/11/17 Humboldt Redwood Company, LLC NOV WDR Ongoing Comments: On December 11, 2017, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to Humboldt Redwood Company, LLC for discharging earthen material to watercourses from failing culverted watercourse crossings on a timber harvest plan located in the Elk River watershed. The NOV was based on a November 22, 2017, discharge notification and statement of corrective actions taken to control sediment discharges. Regional Water Board staff believe that the waste discharge occurred due to the steepness and lack of compaction of the two fill slopes, associated with inadequate construction techniques, and therefore, violates waste discharge prohibitions in the Basin Plan and in Order No. R1-2016-0004, Waste Discharge Requirements for Nonpoint Source Discharges and Other Controllable Water Quality Factors Related to Timber Harvesting and Associated Activities Conducted by Humboldt Redwood Company, LLC in the Upper Elk River Watershed Humboldt County. Actions taken to date were temporary measures. More permanent corrective actions will be implemented Summer of 2018 with the final report due on October 15, 2018. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18,2018 12/18/17 Klamath National Forest NOV Unauthorized discharges of
sediment to waters of the stateOngoing Comments: On December 18, 2017, the Nonpoint Source and Timber Harvest Division Chief issued an NOV to Klamath National Forest for unauthorized discharges of sediment to waters of the state in association with incomplete removal of an earthen dam at the Squaw Gulch Mine Pond located on USFS property in the Sugar Creek watershed, tributary to Scott River. Additional work will need to be performed to complete dam restoration. The NOV requires that, by February 16, 2018, the Discharger submit an application for Clean Water Act section 401 permitting to implement a project that will eliminate discharges and threatened discharges of sediment from the dam. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18,2018 12/18/17 Klamath National Forest NOV Unauthorized discharges of
sediment to waters of the stateOngoing Comments: On December 18, 2017, the Nonpoint Source and Timber Harvest Division Chief issued an NOV to Klamath National Forest for unauthorized discharges of sediment to waters of the state in association with incomplete removal of an earthen dam at the Eton Mine, located on USFS property on the Tiger Fork of the Sugar Creek watershed, tributary to Scott River. Additional work will need to be performed to complete dam restoration. The NOV requires that, by February 16, 2018, the Discharger submit an application for Clean Water Act section 401 permitting to implement a project that will eliminate discharges and threatened discharges of sediment from the dam. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 18,2018 01/09/18 Kevin McKenny Revised NOV Failure to file NOI for
coverage under the
Construction General PermitOngoing Comments: On January 9, 2018, the AEO issued a revised NOV to Kevin McKenny for failure to file for a Notice of Intent (NOI) for the Construction General Permit. The original NOV, dated September 6, 2017, had required the Discharger to file the NOI by October 6, 2017. The revised NOV requires the Discharger to file for the NOI no later than January 25, 2018. This matter is ongoing.
-
2017
- Enforcement Actions Taken by the North Coast Regional Water Board as of 11/2017
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 8/8/17 Kellen Sibley and Kathy MacDonald CAO Unauthorized Discharge to Waters of the state Ongoing Comments:On August 8, 2017, the Executive Officer (EO) issued Cleanup and Abatement Order (CAO) No. R1-2017-0041 to Kellen Sibley and Kathy MacDonald for unauthorized excavation and fill of a watercourse; construction of an on-stream dam and impoundment; development and use of roads and stream crossings for cannabis cultivation and associated activities; and placement of cultivation-related potting soil, and spoils generated through the development of cleared and graded areas in a manner and location where they can enter receiving waters. The CAO directs the Dischargers to submit and implement an Interim and a Final Restoration Mitigation and Monitoring Plan in order to correct these violations and restore the impacted and threatened receiving waters. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 8/18/17 Chris McCook Contracting NOV and 13267 Order Unauthorized discharge to Waters of the State Resolved Comments:On August 18, 2017, the Assistant Executive Officer (AEO) issued a Notice of Violation/Water Code section 13267 directive letter (NOV) to Chris McCook Contracting for performing instream bank stabilization activities at two locations without a permit and causing waste to discharge to receiving waters. The NOV directs the Discharger to submit technical report that describes the activities performed and a workplan for restoration and mitigation to address unpermitted impacts to receiving waters. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 8/23/14 Don Roberts and Steven G. an Taylor Whitley Rescission of CAO Unauthorized modification of a wetland and pond complex Closed Comments:On August 23, 2017, the EO issued Order No. R1-2017-0043 to Don Roberts and Steven G and Taylor Whitley rescinding Cleanup and Abatement (CAO) and 13267 Order No. R1-2013-0007. The CAO required the Dischargers to correct violations associated with the unauthorized modification of a wetland and pond complex on the subject property. On January 8, 2014, staff of the North Coast Regional Water Board inspected the site and confirmed that water quality violations had been adequately corrected, and that all requirements of the CAO had been satisfactorily completed.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 8/24/17 Liz Seise and, Scott Seise Rescission of CAO Unauthorized discharge to Waters of the State Closed Comments:On August 24, 2017 the EO issued Order No. R1-2017-0044 to Liz Seise and Scott Seise that rescinds CAO and 13267 Order No. R1-2013-0039. The CAO required the named Dischargers to correct violations associated with the unauthorized soil disturbance, vegetation removal, instream dredging, filling, excavation, pond construction, and burial of two unnamed tributaries to Mill Creek, a tributary to the Middle Main Eel River. On May 24, 2017, staff of the Regional Water Board received a site status report from Pacific Watershed and Associates, which indicated the site remediation was continuing to hold up satisfactorily. The monitoring report demonstrates that the site is adequately recovering.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 9/15/17 Daniel Taranto NOV Failure to obtain a Waiver for Timber Harvest Activities Resolved Comments:On September 19, 2017, the Nonpoint Source & Surface Water Protection Division Chief issued an NOV to Daniel Taranto for failure to obtain coverage under Categorical Waiver of Waste Discharge Requirements for Discharges Related to Timber Harvest Activities on Non-Federal Lands in the North Coast Region (No. R1-2014-0011). The NOV informed the Discharger that coverage was required and acknowledged that enrollment documentation had subsequently been received. No further action is required.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 9/26/17 Mendocino City CSD EPP MMPs Resolved Comments:On September 26, 2017, the EO issued an Expedited Payment Program (EPP) Order No. R1-2017-0035 to the Mendocino City CSD WWTF for one effluent limit violation subject to penalties in the amount of $3,000. On October 2, 2017, the Discharger paid the $3,000. No further action is required.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 9/27/17 CDOT NOV & section 13267 Unpermitted Discharge of Waste Ongoing Comments:On September 27, 2017, the AEO issued an NOV/Water Code section 13267 directive (NOV) to CDOT District 1, for unpermitted waste discharge at the Highway 101 Willits Bypass Project. During a site inspection, staff noticed that a berm had been constructed around an established wetland area, forming a water retention pond. This was not an authorized wetland modification. The NOV directs the CDOT to submit a report detailing proposed remedies and explain why the constructions plans were not followed. The report is due November 10, 2017.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 9/27/17 Darryl Crawford and Black Mountain Developers, LLC CAO & section 13267 Unpermitted Discharges to waters of the State Ongoing Comments:On September 27, 2017, the EO issued CAO/section 13267 Order No. R1-2017-0052 (CAO) to Darryl Crawford and Black Mountain Developers, LLC for failure to obtain necessary permits and unauthorized discharge of waste to receiving waters through site development and cannabis cultivation activities performed at the property without adequate erosion and sediment controls. The CAO directs the Discharger to clean up the wastes and abate the impacts to water quality, and requires that the Discharger provide technical information and submit and implement workplans to mitigate the site. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of November 7, 2017 10/6/17 Fort Bragg Municipal Improvement District No. 1 EPP MMPs Ongoing Comments:On October 6, 2017, the EO issued an Expedited Payment Program Order No. R1-2017-0028 to the Fort Bragg Municipal Improvement District No. 1 for one effluent limit violation subject to mandatory minimum penalties in the amount of $3,000. On September 30, 2017, the Discharged paid the $3,000. No further action is required.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 08/2017
Date Issued Discharger Action Type Violation Type Status as of July 26, 2017 6/8/17 City of Ukiah WWTP ACLC MMPs Hearing Waived; posted for public comment Comments:On June 8, 2017, the Assistant Executive Officer (AEO) issued Administrative Civil Liability Complaint No R1-2017-0030 to the City of Ukiah Wastewater Treatment Plant for Mandatory Minimum Penalties (MMPs) in the amount of $33,000. The Discharger has opted to waive hearing and engage in settlement discussions. Staff have posted the waiver for 30 days public comment period prior to engaging in settlement discussions.
Date Issued Discharger Action Type Violation Type Status as of July 26, 2017 6/13/17 Kenneth and Darlene McCoy NOV and 13267 Order Unauthorized discharge or potential to discharge waste and failure to enroll for coverage under the Cannabis Order Ongoing Comments:On June 13, 2017, the AEO issued a Notice of Violation (NOV) and 13267 Order No. R1- 2017-0025 to Kenneth McCoy and Darlene McCoy (Dischargers) for failure to enroll in the Waiver of Waste Discharge Requirements and General Water Quality Certification for Discharges of Waste Resulting from Cannabis Cultivation and Associated Activities or Operation with Similar Environmental Effects and for having a large water supply well without a sanitary seal on the top of the casing which is exposing the underlying groundwater to contamination and constitutes a threat to water quality. The Order directs the Dischargers to conduct and submit quarterly monitoring and reporting on the well until it is sealed, provide proof of enrollment under the Regional Water Board’s Waiver or proof of discontinuation of cannabis cultivation and other activities with similar environmental impacts, and documentation that the well has been sealed in accordance with Trinity County Ordinance and California well standards. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of July 26, 2017 6/19/17 County of Sonoma NOV Reporting and monitoring deficiencies in the 2015/2016 Annual Report for MS4 Ongoing Comments:On June 13, 2017, the Senior Water Resource Control Engineer of the NPDES unit issued an NOV to the County of Sonoma (Discharger) for violation of Waste Discharge Requirements Order No. R1-2015-0030 regulating discharges to the County’s municipal separate storm sewer system (MS4). Specifically, the Discharger submitted a deficient annual monitoring report for 2015/2016. The NOV directs the Discharger, by September 15, 2017, to submit a revised 2015/2016 Annual Report correcting all deficiencies listed in the NOV. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of July 26, 2017 6/27/17 Douglas and Heidi Cole, Marble Mountain Ranch NOV NOV #3 on Cleanup and Abatement and 13267[b] Order Ongoing Comments:On June 27, 2017, the AEO issued an NOV to Douglas and Heidi Cole for continued violations of several directives of Cleanup and Abatement and 13267(b) Order No. R1-2016-0031. The NOV identifies directives that have been met and not met, denies requests made by the dischargers for extension or modification of directives, enumerates the number of days late the dischargers are in meeting each of the past due directives (as of June 16, 2017), and discusses and comments on a technical report prepared by Fiore Geosciences on behalf of the dischargers. This matter is ongoing. At present, a State Water Board public hearing to determine whether to issue an order finding waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water and ordering corrective actions against the dischargers is pending, but not firmly scheduled. More information about that action can be found at this link: https://www.waterboards.ca.gov/waterrights/water_issues/programs/hearings/marblemountain/inde x.shtml
Date Issued Discharger Action Type Violation Type Status as of July 26, 2017 6/28/17 City of Healdsburg WWTF Expedited Payment Program MMPs Ongoing Comments:On June 28, 2017, the AEO issued a Tentative Administrative Civil Liability Order and Notice of Violation, Order No. R1-2017-0036, Offer to Participate in Expedited Payment Program to the City of Healdsburg Wastewater Treatment Facility for MMPs in the amount of $3,000. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of July 26, 2017 7/21/17 Humboldt Redwood Company NOV and SEction 13267 WDRs Ongoing Comments:On July 21, 2017, the AEO issued an NOV and section 13267(b) Order to Humboldt Redwood Company (Discharger) for its failure to have proper financial assurance in place, for failure to properly maintain and/or to provide required reporting as to alterations, changed conditions, and discharges or threatened discharges of waste to surface waters associated with a leachate impoundment at the Tank Gulch Waste Pile site. The NOV and section 13267 directs the Discharger to submit various technical reports and documents, prepared by/under the direction of appropriately qualified professionals. The first report is due August 15, 2017.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 06/2017
Date Issued Discharger Action Type Violation Type Status as of June 7, 2017 5/17/17 Gholami Michael Mohammed and Nahid A. Trust NOV Failure to operate remediation system per CAO requirements Ongoing Comments:On May 17, 2017, the Point Source and Groundwater Protection Division Chief issued an NOV to Gholami Michael Mohammed & Nahid A. Trust for failure to notify the Regional Water Board that the remediation system at the property located at 440 Hearn Avenue in Santa Rosa (Site) had been shut down. Under Cleanup and Abatement Order (CAO) R1-2013-0018, the Discharger is to operate the approved remediation system until groundwater water quality objectives for the Site constituents of concern are achieved and until the Regional Water Board Executive Officer determines that the system is no longer required. The CAO also requires the Discharger to notify the Regional Water Board staff of a shutdown of the groundwater extraction system lasting longer than one day. The Discharger shut the system down on May 25, 2016, but failed to notify the Regional Water Board. The NOV directs the Discharger to comply with all requirements of the CAO no later than June 12, 2017.
Date Issued Discharger Action Type Violation Type Status as of June 7, 2017 5/23/17 Eureka City Elk River WWTF ACLC MMPs Ongoing Comments:On May 23, 2017, the Assistant Executive Officer issued Administrative Civil Liability Complaint No. R1-2017-0029 to the Eureka City Elk River Wastewater Treatment Plant for Mandatory Minimum Penalties in the amount of $27,000.
Date Issued Discharger Action Type Violation Type Status as of June 7, 2017 6/1/17 Jennifer Nielsen NOV Violation of CAO Ongoing Comments:On June 1, 2017, the Planning, Stewardship, and Compliance Assurance Division Chief issued an NOV to Jennifer Nielsen for failure to comply with CAO R1-2015-0048. CAO required completion of all restoration work by October 15, 2015. The NOV directs the Discharger to provide a detailed schedule of what actions will be taken, when and by whom in order to obtain compliance with the CAO by June 30, 2017.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 04/2017
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 2/16/17 City of Ferndale ACLC MMP Discharger requested to enter Settlement discussions Comments:On February 16, 2017, the Assistant Executive Officer (AEO) issued Administrative Civil Liability Complaint No. R1-2017-0017 to Ferndale Wastewater Treatment Facility (WWTF) for violations subject to mandatory minimum penalties (MMPs). The proposed penalty is $30,000.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 2/22/17 City of Santa Rosa NOV NPDES Stormwater, Phase 1 MS4 In compliance Comments:On February 22, 2017, the Point Source and Groundwater Protection Division Chief issued a Notice of Violation (NOV) to the city of Santa Rosa for failure to provide information requested during an earlier compliance inspection. The NOV directed the City to submit the information by March 22, 2017, and the information was provided.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 2/24/17 Rhys Vineyards NOV/13267 Order Unauthorized discharge to waters of the state Ongoing Comments:On February 24, 2017, the AEO issued an NOV/13267 Order to Rhys Vineyards for Water Code, Clean Water Act, and Basin Plan violations associated with placement and discharge of sediment into several tributaries to the South Fork Eel River and the Ten Mile River. The Discharger, without permits, cleared/graded approximately 15 acres of land with no apparent erosion/drainage controls, filled approximately 1650 feet of stream channel within this graded area, and constructed or reconstructed roads that crossed streams without culverts, bridges or any other forms of constructed stream crossing. The NOV/13267 order requests that the Discharger provide various reports and information about the site and to apply for appropriate permits for any activities that have resulted in and could result in the discharge of dredged or fill material to waters of the state. The reports are due no later than 45 days from the date of the Order. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 2/28/17 Mazzocco Vineyards, Inc NOV Non-compliance with WDR No. 88-109 Ongoing Comments:On February 28, 2017, the Point Source & Groundwater Protection Division Chief issued an NOV to Mazzocco Vineyards and Winery Facility for failure to submit quarterly self-monitoring reports for 2015 and 2016 associated with WDR No. 88-109. The NOV requires submittal of the late reports by March 31, 2017, subsequently revised to May 1, 2017. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/7/17 City Ventures Homebuilding Inc NOV/13267 Order Unauthorized sediment discharges Ongoing Comments:On March 7, 2017, the AEO issued an NOV/13267 Order to City Ventures Homebuilding, Inc. for sediment discharges to Peterson Creek and Forestview Creek associated with construction activities at the Fox Hollow site (Site). The NOV/13267 Order directs the Discharger to submit reports and information to define the scope and nature of the discharge and efforts made by the Discharger over the course of construction to control or minimize waste discharges. The Discharger has provided the requested information. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/10/17 Redway CSD NOV Unauthorized discharge of sludge to waters of the state Ongoing Comments:On March 10, 2017, the Point Source & Groundwater Protection Division Chief issued an NOV to Redway Community Services District for failure to properly contain and manage their sludge disposal area at the wastewater treatment facility. The NOV directs the Discharger to submit a preliminary work plan by August 1, 2017, to reevaluate existing sludge management practices and to outline initial tasks that will bring sludge handling, storage, and disposal practices into compliance. A final work plan is due by May 1, 2018, consistent with requirements in the WDR for the CSD.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/17/17 Marble Mountain Ranch NOV Second Notice of Violaton of CAO Ongoing Comments:On March 17, 2017, the AEO issued a second NOV to Douglas and Heidi Cole, Marble Mountain Ranch, for failure to submit various technical reports and plans required by CAO No. R1- 2016-0031. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/20/17 J.H. Ranch Mountain Resort NOV 13267 Order Ongoing Comments:On March 20, 2017 the AEO issued an NOV to J.H. Ranch Mountain Resort for failing to provide all the information that had been requested under a previously issued 13267 Order, and for submitting inadequate monthly reports. The NOV directs the Discharger to submit the remaining required information by April 17, 2017, and to provide the information missing from the monthly monitoring reports by no later than March 31, 2017 . This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/22/17 Roseburg Forest Products Co. NOV WDRs for Timber Harvest Plans In compliance Comments:On March 22, 2017, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to Roseburg Forest Products Co, for failure to comply with the WDRs for Timber Harvest Plans (TPH) and for failure to implement proper Best Management Practices (BMPS). During an inspection by Cal Fire on January 27, 2017, the inspector reported observing heavy equipment tracks that indicated use of a wet ford on Beaughton Creek, a Class I watercourse. The use of this crossing violates the Erosion Control Plan included in the THP. Cal Fire also reported that in an inspection on February 2, 2017, the inspector observed log hauling and loading occurring in saturated soil conditions. The inspector reported observing wheel ruts and ponding on the road surface and a lack of erosion control features on the road in the area of active operations. Cal Fire reported that in a February 15, 2017, inspection, the inspector confirmed that the problems had been resolved.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/22/17 North Coast Timberlands LLC NOV WDRs for NTMP Ongoing Comments:On March 22, 2017, the Nonpoint Source and Timber Harvest Division Chief issued an NOV to North Coast Timberlands LLC for violation of WDRs for Non-Industrial Timber Management Plans (NTMP) for failure to identify and propose feasible measures to protect and restore the beneficial uses of water at sites within the Notice of Timber Operations (NTO) #6 that threaten to discharge sediment into waters of the State. During a compliance inspection, Regional Water Board staff observed several culverts and outlets that were not properly functioning or were not functioning at all. The NOV directs the Discharger to update the NTMP and submit a written description of the sites that are violating or have the potential to violate applicable water quality requirements or adversely impact beneficial uses, that are human caused, and that can be reasonably and feasibly be treated. The Discharger shall submit the above information, along with additional design and installation details of the proposed corrective actions, by May 1, 2017. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/22/17 Michael Griffin, Gayle Griffin and Helen Lin CAO Unauthorized discharges to waters of the state and failure to obtain necessary permits Ongoing Comments:On March 23, 2017, the Executive Officer issued CAO No. R1-2017-0024 to Michael Griffin, Gayle Griffin, and Helen Lin for unauthorized discharges to waters of the state. The Dischargers constructed private roads lacking adequate stream crossings and erosion control or sediment containment features, and without authorization from federal, state, and local agencies, causing sediment discharges to waters of the state. The Dischargers also developed and/or used three clearings for cannabis cultivation and associated activities, and created or failed to address the direct discharge of household waste into Jones Creek and its tributaries through broken wastewater pipes. The CAO directs the Dischargers to submit various plans and reports, and to stabilize and control erosion and sediment discharges. One or more of the Dischargers has engaged Pacific Watershed Associates to assist with development and implementation of cleanup and restoration actions at the site, and work is reportedly underway. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 3/30/17 Sierra Pacific Industries NOV/13267 Order Unauthorized discharge and failure to implement GWDR required provisions Ongoing Comments:On March 30, 2017, the AEO issued an NOV/13267 Order to Sierra Pacific Industries for violations of the Basin Plan and General Waste Discharge Requirements for discharges related to timber harvest activities (GWDR) associated with unauthorized sediment discharges from appurtenant roads constructed and reconstructed on a timber harvest plan located approximately one mile east of the Trinity Alps Resort, south of Trinity Alps Road. The Order directs the Discharger to provide a plan to control the discharge of pollutants from the timber harvest plan area by May 15, 2017. The Order also directs the Discharger to submit monthly progress reports beginning April 28, 2017. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 4/4/17 City of Fortuna ACLO MMP and SSO Ongoing Comments:On April 4, 2017, the EO signed a Stipulated Administrative Civil Liability Order (Stipulated Order) No. R1-2017-0016, to the City of Fortuna WWTF for penalties in the amount of $90,573 for permit violations subject to Mandatory Minimum Penalties and for Sanitary Sewer Overflow (SSO) of 134,100 gallons to surface waters. The Stipulated Order requires payment of a portion of the penalty to the Cleanup and Abatement Account and indicates that the Discharger will apply the remainder of the penalty towards a Compliance Project (CP) intended to provide consistent, accurate effluent flow monitoring, in order to allow for proper dosing of chemicals in the chlorination and dechlorination processes.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 4/12/17 Humboldt County Public Works NOV Failure to comply with the Small MS4 General Permit Ongoing Comments:On April 12, 2017, the Point Source and Groundwater Protection Division Chief issued an NOV to Humboldt County Public Works for failure to implement requirements of the Small MS4 General Permit (Permit). The Permit requires the Permittee, within the first three years of the permit, to complete certain tasks with due dates for setting up and implementing the Permit. The Permittee has not completed several Year 1 and Year 2 tasks. The NOV directs the Permittee to prepare and submit a compliance schedule detailing the steps and duration needed to correct each of the alleged violations by May 12, 2017. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 4/17/17 Reservation Ranch Denial of Extension Unpermitted discharges of waste to the waters of the state Report past due Comments:As previously reported, on January 9, 2017, the Assistant Executive Officer (AEO) issued a Notice of Violation /13267 order (Order) to Steven Westbrook, manager of Reservation Ranch for unauthorized discharges of waste to waters of the state, including manure, trash, animal carcasses, and dredge/fill material. The Order directed Mr. Westbrook to provide a technical report, including a hydrological report, wetlands delineation, historical information, and work plans, by April 6, 2017. On April 6, 2017, Mr. Westbrook requested a 6-month extension to the April 6 deadline. On April 20, 2017, the Executive Officer denied the extension because the request was not received at least 30 days prior to the deadline of April 6, 2017, and the justification provided did not demonstrate good cause. The denial letter included a recommendation that the Discharger contact Regional Water Board staff to discuss the 13267 Order, either in person or via teleconference.
Date Issued Discharger Action Type Violation Type Status as of April 26, 2017 4/24/17 Kenneth and Darlene McCoy NOV/13267 Order Unauthorized discharge or potential to discharge waste an failure to enroll for coverage under the Cannabis order Ongoing Comments:On April 24, 2017, the AEO issued an NOV/13267 Order to Kenneth and Darlene McCoy for discharges and threatened discharges of waste to receiving waters associated with an improperly constructed domestic well, and for failure to enroll for coverage under Regional Water Board Order No. R1-2015-0023 Waiver of Waste Discharge Requirements and General Water Quality Certification for Discharges of Waste Resulting from Cannabis Cultivation and Associated Activities or Operation with Similar Environmental Effects (Waiver). The NOV /13267 Order requires the Dischargers provide proof of enrollment under the Regional Water Board’s Waiver or proof of discontinuation of cannabis cultivation and other activities with similar environmental impacts, a schedule and plan to seal the domestic well and to provide documentation when completed, and to submit quarterly monitoring reports. The first deliverable is due May 15, 2017. This matter is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 02/2017
Date Issued Discharger Action Type Violation Type Status as of February 13, 2017 1/9/17 Steven Westbrook NOV/13267 Order Unauthorized Discharge Ongoing Comments:On January 9, 2017, the Assistant Executive Officer (AEO) issued an NOV/13267 order to Steven Westbrook for unauthorized discharges of waste to waters of the state. On a September 16, 2016 multi-agency inspection, Regional Water Board staff observed evidence that manure, trash, animal carcasses, and dredge/fill material had been placed into waters of the state (Islas Slough, Smith River and wetlands). The discharger is directed pursuant to Water Code section 13267 to provide a technical report, including a hydrological report, wetlands delineation, historical information, and work plans, by April 6, 2017. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2017 1/13/17 Allan Bongio Construction, Inc. NOV Unauthorized Discharge Resolved Comments:On January 13, 2017, the Point Source and Groundwater Division Chief issued an NOV to Alan Bongio Construction, Inc. for unauthorized discharge of sediment or earthen material to Jolly Giant Creek, waters of the state. The discharge occurred from the Mary Court subdivision, under construction in the City of Eureka. The discharger failed to stabilize the northern section of the construction area leaving a large area exposed to the elements. Subsequent observations by staff documented evidence of excessive erosion and transport of sediment offsite and into a tributary of Jolly Giant Creek. The discharger corrected the problems and no further action is required.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2017 1/13/17 Ronald Denison NOV Failure to enroll Timber Harvest Plan Resolved Comments:On January 13, 2017, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to Ronald Denison for failure to enroll a Timber Harvest Plan for coverage in the timber harvest regulatory program. Upon receipt of the NOV, Mr. Denison submitted enrollment paperwork. No further action is required at this time.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2017 1/19/17 The Ratto Group NOV Unauthorized Discharge Ongoing Comments:On January 19, 2017, the Point Source and Groundwater Protection Division Chief issued an NOV to The Ratto Group for failure to cover exposed waste and recyclable materials and for unauthorized discharges of partially treated storm water to waters of the state. The Permittee provides recycling and collection services to both commercial and residential customers in Sonoma, Marin and Mendocino Counties. The Permittee currently treats storm water runoff from the Facility located at 3417 Standish Ave., Santa Rosa, CA using an advanced storm water treatment system. On October 17, 2016, a consultant for the Permittee contacted the North Coast Regional Water Board staff to report the non-operational status of the treatment system. The treatment was still shut down as of the date of the NOV. On October 16, 2016, staff conducted a drive by inspection of the Facility and observed exposed and recyclable materials. The Facility currently stores waste and recyclable materials collected in an uncovered outdoor area. During rain events, stored waste and recyclable materials are exposed to storm water resulting in the discharge of pollutants from the Facility. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2017 1/24/17 John P. and Claudia Lima Landis 4 Partnership NOV Failure to obatin coverage and fail a Report of Waste Discharge for a Timber Harvest Plan Ongoing Comments:On January 24, 2017, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to John P. and Claudia Lima Landis 4 Partnership for failure apply for coverage under the General Waste Discharge Requirements for Timber Harvest Activities on Non-Federal Lands in the North Coast Region (GWDR) (Order No. R1-2004-0030), the Categorical Waiver (Order No. R1- 2014-0011), or an individual WDR or waiver. On October 25, 2016, CAL FIRE notified Regional Board staff that they inspected the Timber Harvest Plan and observed numerous water quality violations. On November 2, 2016, CAL FIRE issued an NOV to Licensed Timber Operator John Lima for violations of the Public Resources Code. An inspection by Regional Water Board staff on November 16 2016, found some repairs implemented but additional repairs still remaining to be completed when the road system dries out. On December 5, 2016, an application was received but incomplete. On December 9, 2016, a completed application was received and was enrolled under the GWDR on December 12, 2016. The NOV requires all corrective actions and mitigations described in the CAL FIRE’s NOV must be fully implemented no later than July 31, 2017. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2017 1/26/17 Sonoma Soil Builders, LLC NOV Unauthorized Discharge Resolved Comments:On January 26, 2017, the Point Source and Groundwater Division Chief issued an NOV to Sonoma Soil Builders, LLC for failure to cover piles of soil resulting in an unauthorized discharge to waters of the state. On December 13, 2016, during an unannounced inspection, staff noted significant piles of soil amendments sitting uncovered, with leachate and retained storm water from a previous rain storm event slowly migrating to several onsite and offsite storm drain inlets. Low grade filter fabric bags in drain inlets were full and being bypassed by discharge runoff. The discharger has corrected the violations, and no further action is required.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2017 2/3/17 Leo and Alyce Casasa NOV Failure to obtain overage for Timber Harvest Operations Resolved Comments:On February 3, 2017, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to Leo and Alyce Casassa for failure to obtain coverage for timber harvest operations. The dischargers have provided enrollment information. No further action is required.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 01/2017
Date Issued Discharger Action Type Violation Type Status as of January 6, 2017 11/14/16 Keysight Technologies, Inc NOV Unauthorized Discharge Resolved Comments: On November 14, 2016, the Planning, Stewardship, and Compliance Assurance Division Chief issued a Notice of Violation (NOV) to Keysight Technologies, Inc. for an unauthorized discharge of reclaimed wastewater into Paulin Creek, Santa Rosa, CA. On August 8, 2016, a leak from an irrigation water supply line discharged approximately 4,500 gallons of treated reclaimed industrial wastewater to a storm drain outlet which flowed to Paulin Creek. The discharger reported that within 25 minutes the leak was discovered and the irrigation supply was shut down. The NOV serves as notice only, requiring no further action at this time.
Date Issued Discharger Action Type Violation Type Status as of January 6, 2017 12/01/16 Steve Strombeck NOV Clean Water Act Section 401 Ongoing Comments: On December 1, 2016, the Nonpoint Source and Surface Water Protection Division Chief issued a NOV to Steve Strombeck for failure to provide mitigation monitoring reports and other pertinent information required by Clean Water Act Section 401 for the Campbell Creek Apartments in Arcata. The NOV requires the Discharger to provide required reports and information by December 15, 2016. The discharger replied to the NOV, with staff determining that further follow-up is required. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 6, 2017 12/14/16 City of Fort Bragg WWTF ACLO MMPs Ongoing Comments: On December 14, 2016, the Executive Officer (EO) issued Administrative Civil Liability Order No. R1-2016-0049 to Fort Bragg Municipal Improvement District No. 1, City of Fort Bragg WWTF for Mandatory Minimum Penalties (MMPs) in the amount $39,000. The Stipulated Order indicates that the Discharger will apply the penalty amount to a Compliance Project (CP), consisting of two separate sub-projects, CP1 and CP2. CP1 involves the installation of an influent flow meter that will allow Facility operators to adjust treatment based on measured influent flows and pollutant loadings, thus reducing the likelihood of TSS and BOD effluent limit exceedances. CP2 involves the installation of disinfection analyzers that will allow Facility operators to automatically measure chlorine and bi-sulfite levels prior to discharge and will alert operators of any malfunctions, thus reducing the likelihood of total chlorine residual and total coliform effluent limit exceedances. Both projects are to be completed by October 10, 2017.
Date Issued Discharger Action Type Violation Type Status as of January 6, 2017 12/23/16 Thompson Cleaners CAO Unauthorized discharge of PCE to waters of the state Ongoing Comments: On December 23, 2016, the EO issued Cleanup and Abatement Order (CAO) No. R1- 2016-0054 to Wallace Family Living Trust, Carolyne J. Wallace, Trustee, Thompson Cleaners, for unauthorized discharge of PCE to waters of the state. The CAO directs the Discharger to submit workplans and reports to address indoor air, soil and vapor, and groundwater at and around the site location, and to perform cleanup and abatement actions with various due dates. This matter is ongoing.
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2016
- Enforcement Actions Taken by the North Coast Regional Water Board as of 09/2016
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 7/18/16 Michigan California Timber Co. NOV Failure to Enroll Timber Harvest Plan Resolved Comments:On July 18, 2016, the Nonpoint Source & Surface Water Protection Division Chief issued a Notice of Violation (NOV) to Michigan California Timber Company for failure to enroll a Timber Harvest Plan for coverage under the General Waste Discharge Requirements for Timber Harvest Activities. Because the THP has been completed and the project area met the definition of a completed project, the NOV advised the Discharger that no further action was required at this time.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 7/18/16 Dan Larivee NOV Failure to Enroll Timber Harvest Plan Resolved Comments:On July 18, 2016, the Nonpoint Source & Surface Water Protection Division Chief issued a NOV to Dan Larivee for failure to enroll a Timber Harvest Plan for coverage under the General Waste Discharge Requirements for Timber Harvest Activities. The NOV required that Mr. Larivee submit an application for permit coverage under the GWDR by August 1, 2016.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 7/22/16 Crescent City WWTF ACLC MMPs Ongoing Comments:On July 22, 2016, the Assistant Executive Officer (AEO) issued an Administrative Civil Liability (ACL) Complaint No. R1-2016-0035 to the Crescent City Wastewater Treatment Facility in the amount of $21,000 for Mandatory Minimum Penalty (MMP) violations. The discharger has waived its right to a hearing and requested to enter settlement discussions.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 7/22/16 Olive Franklin, Trustee of the Charles A. Franklin and Julia F. Franklin Trust, and Daniel Franklin ACLC Unauthorized discharge to waters of the state Ongoing Comments:On July 22, 2016, the AEO issued an ACL Complaint No. R1-2016-0033 to Olive Franklin, Trustee of the Charles A. Franklin & Julia F. Franklin Trust, and Daniel Franklin in the amount of $381,947 for an unauthorized discharge to waters of the state. A fuel bladder containing water burst, and immediately released approximately 50,000 gallons or more of water onto native soil. The water eroded and transported earthen material, including sediment, soil, and rocks into a nearby watercourse and eroded additional material from the stream channel as it traveled approximately 2,000 feet down to the Upper Main Eel River. This matter is presently scheduled for a hearing before the Board at its December meeting.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 7/25/16 City of Yreka NOV Failure to comply with the Small MS4 General Permit Ongoing Comments:On July 25, 2016, the Point Source and Groundwater Protection Division Chief issued an NOV to the City of Yreka for failure to complete permit requirements under the General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (Small MS4 General Permit). The NOV requires compliance with the permit. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 7/27/16 Mr. Rob Hayes-St. Clair NOV Failure to file Waste Discharge Report Ongoing Comments:On July 27, 2016, the AEO issued an NOV to Mr. Rob Hayes-St. Clair, JH Ranch, for failure to file waste discharge reports. The NOV requires that the Discharger prepare and submit a plan to control the discharge of pollutants from the site by August 26, 2016. The Discharger has provided a response, presently under review by staff.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 8/3/16 Mendocino Railway Skunk Train CAO and 13267 Unauthorized discharge to waters of the state Ongoing Comments:On August 3, 2016, the EO issued a Cleanup and Abatement and 13267 Order No. R1-2016-0036 to Mendocino Railway Skunk Train for unauthorized discharges into Pudding Creek. In February 2015, unstable hillslopes surrounding the western portal of the Skunk Train’s Tunnel No. 1 collapsed. The Discharger began efforts to repair the damaged tunnel, but ceased repair sometime in June 2015 reportedly as a result of lack of funds. In response to a complaint received on October 23, 2015, staff inspected the site on October 28, 2015 confirming exposed stockpiles of bare soil/spoils generated during construction activities on the west and east banks of Pudding Creek and lack of erosion and sediment controls to prevent discharges into waters of the state. The CAO and 13267 Order directs the Discharger to submit technical information and perform cleanup and abatement actions with various compliance dates and to submit a long-term stabilization plan by October 14, 2016. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 8/4/16 Douglas and Heidi Cole CAO and 13267 Unauthorized release to waters of the state Ongoing; petitioned Comments:On August 4, 2016, the EO issued CAO & 13267 Order No. R1-2016-0031 to Douglas & Heidi Cole for unauthorized discharges to waters of the state. The Dischargers maintain a diversion ditch from Stanshaw Creek to Irving Creek in the Klamath River watershed. The Dischargers operate the ditch to provide water to the Marble Mountain Ranch (Ranch), for domestic uses, as well as to generate electricity, and to fill and maintain a small pond for recreational use and potentially fire protection. The upper segment of the ditch carries water from Stanshaw Creek to the Marble Mountain Ranch. Tailwater from the Pelton wheel used for power generation flows through the property to the pond. Overflows from the pond flow to a discharge point where they enter Irving Creek. Water in the upper segment of the ditch periodically overtops or breaches portions of its outboard containment berm, eroding slopes below the ditch discharging or threatening discharges of sediment into Stanshaw Creek. Outflows to Irving Creek erode and transport sediment from the discharge point into Irving Creek. The CAO directs the Discharger to submit technical information and perform cleanup and abatement actions with various compliance dates and at the conclusion of restoration work, when the site is stable and the monitoring program has been filled, submit a Summary report by January 1, 2021 or the year that meets the approved success criteria. The Discharger has petitioned the CAO to the State Water Board. This matter is ongoing
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 8/5/16 Turner Automotive CAO and 13267 Unauthorized discharges of petroleum to waters of the state Ongoing Comments:On August 5, 2016, the AEO issued CAO & 13267 Order No. R1-2016-0037 to The Selwyn Bruce Turner and Barbara Ann Turner 2013 Trust, Selwyn Bruce Turner and Barbara Ann Turner, Turner’s Automotive for unauthorized discharge of petroleum hydrocarbons to groundwater and/or surface waters draining to Atascadero Creek and the Russian River, waters of the state, from underground tanks on the property. The CAO and 13267 Order directs the Dischargers to submit technical information and perform cleanup and abatement actions with various dates and to submit and to implement an approved Final Deep Groundwater Remedial Action Plan by March 1, 2019.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 9/7/16 Fouche Brothers Auto Wreckers CAO Unauthorized discharges of petroleum and other pollutants to waters of the state Ongoing Comments:On September 7, 2016, the EO issued CAO No. R1-2016-0040 to Michael F. Gasparini, Allan A. Henderson, Paseo Vista, Inc., and Lloyd M. Fouche, Fouche Brothers Auto Wreckers for unauthorized discharge of petroleum hydrocarbons and other pollutants to groundwater and/or surface waters draining to Colgan Creek, a tributary to the Laguna de Santa Rosa. The CAO directs the Dischargers to submit technical reports and plans to perform cleanup and abatement actions to clean up the site.
Date Issued Discharger Action Type Violation Type Status as of September 26, 2016 9/19/16 City of Eureka NOV Failure to Comply with the Small MS4 General Permit Ongoing Comments:On September 19, 2016, the Point Source and Groundwater Protection Division Chief issued an NOV to the City of Eureka for failure to complete permit requirements under the General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (Small MS4 General Permit). The NOV requires compliance with the permit. This matter is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 07/2016
Date Issued Discharger Action Type Violation Type Status as of July 14, 2016 4/5/2016 Noyo Harbor District NOV Effluent limit violations in water from recently dredged material Resolved Comments:On April 5, 2016, the Assistant Executive Officer (AEO) issued a Notice of Violation (NOV) to Noyo Harbor District for violation of Clean Water Act section 401 and Regional Water Board Order No. 86-51, because the District reported that water draining from recently dredged material in the District’s upland disposal area violated numerous effluent and receiving water limits. The NOV required that by May 15, 2016, the Discharger provide a plan and schedule to thoroughly inspect and evaluate the facility, and take corrective action before again using the upland disposal area for dredge material dewatering. The Discharger met NOV requirements and deadlines, and has repaired the upland disposal facility. This matter is resolved.
Date Issued Discharger Action Type Violation Type Status as of July 14, 2016 5/27/2016 Mark West Quarry NOV Unauthorized sediment discharges Resolved Comments:On May 27, 2016, the Point Source and Groundwater Protection Division Chief issued an NOV to Mark West Quarry for failure to adequately stabilize soil to prevent turbid storm water discharge into Mark West Creek, violating the Industrial General Permit. The Discharger has taken corrective actions and has stopped the discharge. This matter is resolved.
Date Issued Discharger Action Type Violation Type Status as of July 14, 2016 6/9/2016 Fort Bragg Municipal Improvement District No. 1 ACLC MMPs Ongoing Comments:On June 9, 2016, the AEO issued an Administrative Civil Liability (ACL) Complaint No. R1-2016-0030 to Fort Bragg Municipal Improvement District No. 1 in the amount of $39,000 for NPDES permit effluent limit violations subject to Mandatory Minimum Penalties (MMPs). The Discharger returned a signed waiver on July 8, 2016, stating that they would like to enter into settlement discussions. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of July 14, 2016 6/20/2016 Russian River County Sanitation Ditrict and Sonoma County Water Agency Stipulated ACLO MMPs and two unauthorized releases of wastewater into the Russian River Resolved Comments:On June 20, 2016, the EO issued a Stipulated Administrative Civil Liability Order (Stipulated Order) No. R1-2016-0022, to Russian River County Sanitation District and Sonoma County Water Agency for MMPs that occurred over the period from June 1, 2009 to November 30, 2014; the unauthorized release of 300,000 gallons of treated effluent wastewater into the Russian River on May 23, 2010; and a Sanitary Sewer Overflow (SSO) of 132,000 gallons of raw sewage that flowed into the Russian River on February 12 and 13, 2014. The total penalty is $275,771. The Stipulated Order indicates that the Discharger will pay $72,885 to the Cleanup and Abatement Account (CAA), and that the Discharger will apply $67,885 to an Enhanced Compliance Action (ECA) [installing a manway on the force main at the main lift station to facilitate access into and inspection of the force main] and $135,000 to a Compliance Project (CP)[upgrading and rehabilitating the tertiary filter]. The discharger paid $72,885 to the CAA on July 12, 2016.
Date Issued Discharger Action Type Violation Type Status as of July 14, 2016 7/11/2016 County of Sonoma Stipulated ACLO Failure to comply with MS4 permit monitoring requirements Resolved Comments:On July 11, 2016, the EO issued a Stipulated Order No. R1-2016-0024, to the County of Sonoma for failure to comply with monitoring requirements under their MS4 permit. The total penalty amount was $66,500. The Stipulated Order states that the Discharger will pay $36,550 to the CAA and apply the remainder ($29,950 to a Supplemental Environmental Project (SEP). The SEP will enhance public access to water quality monitoring data and watershed assessment by making receiving water quality monitoring data, from the Russian River watershed available online through the Contaminant Data Display and Download tool.
Date Issued Discharger Action Type Violation Type Status as of July 14, 2016 7/12/2016 Mendocino Railway NOV Unauthorized Discharge to Pudding Creek Ongoing Comments:On July 12, 2016, the Point Source and Groundwater Protection Division Chief issued an NOV to Mendocino Railway for unauthorized discharges of sediment and turbid/sediment-laden runoff to Pudding Creek associated with a collapsed tunnel and subsequent repair work. The discharger has failed to implement adequate and effective erosion/sediment controls on the site over the course of the continuing tunnel repair project. This matter is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 05/2016
Date Issued Discharger Action Type Violation Type Status as of May 24, 2016 2/19/2016 Mendocino Railway NOV Unauthorized Discharges into Pudding Creek and failure to submit reports under 13267 Order Ongoing Comments:On February 19, 2016, the Point Source and Groundwater Protection Division Chief issued a Notice of Violation (NOV) to Mendocino Railway for unauthorized discharge of waste to Pudding Creek and for failure to submit reports under a 13267 Order (issued November 13, 2015). The NOV requires that Discharger obtain coverage under the General Permit for Storm Water Discharges Associated with Construction Activities and/or to submit a Report of Waste Discharge. The NOV also requires the Discharger submit shortterm and long-term erosion control plans and monthly progress reports to comply with the 13267 Order.
Date Issued Discharger Action Type Violation Type Status as of May 24, 2016 3/7/2016 City of Rohnert Park NOV General Permit for Stormwater Discharges Associated with Construction and land Disturbance Activities Resolved Comments:On March 7, 2016, the Point Source and Groundwater Protection Division Chief issued a NOV to the City of Rohnert Park for failure to implement adequate soil stabilization on a construction site located at Snyder Lane and for unauthorized non-storm water discharge to Copeland Creek. Although the Permittee sprayed hydraulic mulch on exposed slopes at the site, the hydraulic mulch did not have sufficient time to establish before the storm, resulting in ineffective soil cover and erosion. The eroded hydraulic mulch discharged into Copeland Creek. In response the Permittee removed the hydraulic mulch and installed fiber blankets to provide adequate soil cover and prevent further erosion.
Date Issued Discharger Action Type Violation Type Status as of May 24, 2016 3/7/2016 Vast Oak Properties UDLLC NOV General Permit for Stormwater Discharges Associated with Construction and land Disturbance Activities Resolved Comments:On March 7, 2016, the Point Source and Groundwater Protection Division Chief issued a NOV to the Vast Oak Properties, UDLLC, for failure to stabilize and implement soil coverage for construction entrances and utility work areas. The Permittee has corrected these violations.
Date Issued Discharger Action Type Violation Type Status as of May 24, 2016 4/12/2016 Eureka City Elk River WWTP ACLO MMPs Settled Comments:On April 12, 2016, the Executive Officer issued a Stipulated Administrative Civil Liability Order (Stipulated Order), No. R1-2016-0005, to City of Eureka, Elk River Wastewater Treatment Facility for MMPs in the amount of $54,000. The Stipulated Order indicates that the Discharger will pay $19,500 to the Cleanup and Abatement Account, and that it will apply the remaining balance of $34,500 towards a Supplemental Environmental Project (SEP) to: (1) Further development and expansion of the Sequoia Park Zoo Stormwater and Water Pollution Prevention Program, and (2) Complete a study and plans, and subsequently implement Low Impact Development (LID) measures to City parking facilities.
Date Issued Discharger Action Type Violation Type Status as of May 24, 2016 4/13/2016 CDOT Districts 1, 2, an 4 13267 Maintenance Operations Ongoing Comments:On April 13, 2016, the Assistant Executive Officer issued a 13267 Order to California Department of Transportation (CDOT) Districts 1, 2, and 4 requiring submittal of technical reports by May 27, 2016. These reports will include herbicide use and protocol, stockpile assessment and corrective actions taken, storm water controls for stockpiles and animal carcass disposal procedures. This matter is ongoing. Upon request, the AEO granted an extension to June 27, 2016 for submittal of required reports.
Date Issued Discharger Action Type Violation Type Status as of May 24, 2016 4/21/2016 4S Management NOV General Waste Discharge Requirements for Discharges for Timber Operations on Non- Industrial Timber Management Plans Ongoing Comments:On April 21, 2016, the Division Chief of the Nonpoint Source and Surface Water Protection Division issued a NOV to 4S Management (Permittee) for failing to adequately apply and maintain effective erosion control at hydrologically connected sections of roads, placing fill materials within or at locations where they can enter or be transported into watercourses, and failing to identify and treat newly developed sediment sources in a timely fashion. The NOV required that by May 21, 2016, the Permittee submit a written description of the areas identified in the NOV and any area that is discharging or threatens to discharge waste to receiving waters, and to propose corrective action. The Permittee must apply effective erosion controls to all areas of bare soil where there is a potential for sediment to discharge to watercourses. Corrective action must be completed no later than October 15, 2016.
Date Issued Discharger Action Type Violation Type Status as of May 24, 2016 4/21/2016 Timberland REsource Consultants NOV General Waste Discharge Requirements for Discharges for Timber Operations on Non- Industrial Timber Management Plans Ongoing Comments:On April 21, 2016, the Division Chief of the Nonpoint Source and Water Protection Division issued a NOV to Timberland Resource Consultants for improper installation of waterbars, sediment discharges into Class II and Class III watercourses, and discharge of slash debris into a Class III watercourse. On March 1, 2016, staff inspected the site and found that the Permittee had installed interim repairs to minimize additional discharges into nearby watercourses until dryer weather will allow for more substantive repairs. The NOV requires that by May 21, 2016, the Permittee submit a written description of existing site conditions with proposed corrective action plan. Corrective actions must be completed no later than June 25, 2016.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 04/2016
Date Issued Discharger Action Type Violation Type Status as of April 12, 2016 3/18/2016 Caltrans District 1 13267 Order Unauthorized discharge of cement grout to waters of the State Ongoing Comments:On March 18, 2016, the Assistant Executive Officer (AEO) issued 13267 Investigation Order R1-2016-0018 to Caltrans, District 1, for the discharge of cement grout into Waukell Creek, a perennial stream tributary to the Klamath River. The Order states that no later than April 29, 2016, the Discharger shall submit the following technical reports: Waukell Creek and Tributary Flow Volume Estimate; Discharge Volume Estimate; Discharge Incident and Spill Response Information; Discharge Effect Information; District 1 Spill Response Procedures; and Additional Project and Incident Information. This case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of April 12, 2016 3/25/2016 Kawana Meadows Development Corporation and the City of Santa Rosa NOV 401 Certification and Construction General Permit Ongoing Comments:On March 25, 2016, the AEO issued a Notice of Violation (NOV) to Kawana Meadows Development Corporation and the City of Santa Rosa for multiple violations of the Construction General Permit (CGP) and the 401 Water Quality Certification for the project. Staff inspected the site on January 6, 15, and 27, 2016, and observed/documented a number of violations. Violations cited in the NOV include discharge of storm water from the Site to receiving waters with turbidity levels exceeding CGP limits; failure to stabilize construction entrances; failure to maintain effective perimeter controls; failure to adequately cover stockpiles; failure to manage run-on; failure to adequately stabilize soil in inactive and open areas throughout the Site; and filling or destroying wetlands and linear watercourses that are waters of the state.
Date Issued Discharger Action Type Violation Type Status as of April 12, 2016 4/4/2016 Ian and Melissa McConnell, Jeremy and Jacob Bullock CAO Unauthorized discharges to waters of the state Ongoing Comments:On April 4, 2016, the Executive Officer issued Cleanup and Abatement Order No. R1- 2016-0020 to Ian McConnell, Melissa McConnell, Jeremy Bullock, and Jacob Bullock for discharges of sediment-laden storm water from graded/disturbed areas and uncontrolled drainage from private roads into Jones Creek in the South Fork Eel River watershed. The Dischargers constructed private roads lacking adequate stream crossings and erosion control or sediment containment features. The Dischargers also created 12 clearings for cannabis cultivation and associated activities. These roads and clearings were created without authorization from federal, state and local agencies. The CAO directs the Dischargers, by April 15, 2016, to provide a proposed Restoration Monitoring and Mitigation Plan (RMMP). The CAO further directs that by October 15, 2016, all approved restoration and mitigation measures described in the proposed RMMP will be completed and that the Dischargers submit a Completion Report by December 1, 2016.
Date Issued Discharger Action Type Violation Type Status as of April 12, 2016 4/5/2016 Noyo Harbor District NOV Violations of WDR and 401 Certification Ongoing Comments:On April 5, 2016, the AEO issued a NOV to Noyo Harbor District for unauthorized discharge of suspended solids from dredge material dewatering to receiving waters. The 401 Certification and WDRs identifies effluent limits for waste discharges from the Harbor District’s dredge material upland disposal site. The Discharger reportedly violated these effluent limits during the dredging operation period of October 1, 2015 through October 31, 2015, and failed to report the violations to the Water Board. The NOV requires the Discharger to provide a plan and schedule to conduct an inspection and evaluation of the upland disposal facility, identify corrective actions with time schedules before any further use of the facility for dredge material dewatering.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 03/2016
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 1/26/2016 Forestville WWTF ACLC MMP Ongoing Comments:On January 26, 2016, the Assistant Executive Officer (AEO) issued an Administrative Civil Liability Complaint (ACLC) Order No. R1-2016-0008 to Forestville Wastewater Treatment Facility in the amount of $210,000, for Mandatory Minimum Penalty (MMP) violations. The Discharger has responded waiving its right to a hearing within 90 days and requested to enter settlement discussions. This case is ongoing
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 2/1/2016 City of Santa Rosa, Sub-regional Water REclamation facility EPL MMP Resolved Comments:On February 1, 2016, the Executive Officer (EO) issued an Expedited Payment Letter (EPL) to the City of Santa Rosa Water Department for Mandatory Minimum Penalty (MMP) violations in the amount of $12,000. The proposed settlement was posted for 30-days with no public comment. The Discharger has paid the $12,000. This matter is resolved.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 2/5/2016 Swains Flatt LLC NOV Unauthorized Discharge from road stream crossings on a NTMP Ongoing Comments:On February 5, 2016, the Division Chief of the Nonpoint Source and Surface Water Protection Division issued a Notice of Violation (NOV) to Swains Flatt LLC for unauthorized discharges from road stream crossings. During an inspection on September 23, 2015, staff identified several road points that meet the definition of a Controllable Sediment Discharge Source. In November 2015, staff performed a follow-up inspection and determined that adequate stream crossings in conformance with specifications Non-Industrial Timber Management Plan had not yet been installed. By March 15, 2016, the Discharger is to provide a description of the sites in question and propose corrective action to control sediment discharges from each site. Implementation of the corrective action is to be completed by October 15, 2016. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 2/9/2016 Duncan Dairy NOV Potenial Sediment and Nutrient Discharges Ongoing Comments:On February 9, 2016, the Division Chief of the Nonpoint Source & Surface Water Protection Division issued an NOV to Duncan Dairy for potential sediment and nutrient discharges to receiving waters. On January 6, 2016, staff inspected the site and identified two issues of concern. The first issue is discharges of milk barn washwater, manure, and soil to the ephemeral watercourse. The Discharger is directed to discontinue these discharges immediately and provide confirmation of such by February 29, 2016. The Discharger is further directed to have permanent corrective measures in place by November 1, 2016. The second issue relates to several bare areas heavily used by cows and near ephemeral watercourses. The discharger is directed to submit a corrective action plan by July 1, 2016 demonstrating that corrective action work is underway. This matter is ongoing and the Regional Water Board is coordinating with the Farm Bureau and the Sonoma County Department of Health which inspects dairies monthly in Sonoma and Marin Counties.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 3/3/2016 Avelar Brothers Dairy NOV Failure to Sumbit a 2015 Annual Report Ongoing Comments:On March 3, 2016, the Division Chief of the Nonpoint Source & Surface Water Protection Division issued an NOV to Avelar Brothers Dairy for failure to submit a 2015 Annual Report as required by Waste Discharge Requirements for Existing Cow Dairies in the North Coast Region, Order No. R1-2012-0003. The NOV requires that the Discharger submit a completed 2015 Annual Report by April 8, 2016.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 3/3/2016 Borges Dairy NOV Failure to Sumbit a 2015 Annual Report Ongoing Comments:On March 3, 2016, the Division Chief of the Nonpoint Source & Surface Water Protection Division issued an NOV to Borges Dairy for failure to submit a 2015 Annual Report as required by Waste Discharge Requirements for Existing Cow Dairies in the North Coast Region, Order No. R1- 2012-0003. The NOV requires that the Discharger submit a completed 2015 Annual Report by April 8, 2016.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 3/3/2016 Del Biaggio Dairy NOV Failure to Sumbit a 2015 Annual Report Resolved Comments:On March 3, 2016, the Division Chief of the Nonpoint Source & Surface Water Protection Division issued an NOV to Del Biaggio Dairy for failure to submit a 2015 Annual Report as required by Waste Discharge Requirements for Existing Cow Dairies in the North Coast Region, Order No. R1- 2012-0003. The NOV requires that the Discharger submit a completed 2015 Annual Report by April 8, 2016. The Discharger submitted their 2015 Annual Report on March 15, 2016.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 3/3/2016 Del Biaggio Dairy #2 [Genzoli] NOV Failure to Sumbit a 2015 Annual Report Resolved Comments:On March 3, 2016, the Division Chief of the Nonpoint Source & Surface Water Protection Division issued an NOV to Del Biaggio Dairy #2 (Genzoli) for failure to submit a 2015 Annual Report as required by Waste Discharge Requirements for Existing Cow Dairies in the North Coast Region, Order No. R1-2012-0003. The NOV requires that the Discharger submit a completed 2015 Annual Report by April 8, 2016. The Discharger submitted their 2015 Annual Report on March 15, 2016.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 3/3/2016 Rocha Dairy NOV Failure to Sumbit a 2015 Annual Report Resolved Comments:On March 3, 2016, the Division Chief of the Nonpoint Source & Surface Water Protection Division issued an NOV to Rocha Dairy for failure to submit a 2015 Annual Report as required by Waste Discharge Requirements for Existing Cow Dairies in the North Coast Region, Order No. R1- 2012-0003. The NOV requires that the Discharger submit a completed 2015 Annual Report by April 8, 2016. The Discharger submitted their 2015 Annual Report on March 14, 2016.
Date Issued Discharger Action Type Violation Type Status as of March 10, 2016 3/3/2016 Shinn Dairy NOV Failure to Sumbit a 2015 Annual Report Ongoing Comments:On March 3, 2016, the Division Chief of the Nonpoint Source & Surface Water Protection Division issued an NOV to Shinn Dairy for failure to submit a 2015 Annual Report as required by Waste Discharge Requirements for Existing Cow Dairies in the North Coast Region, Order No. R1- 2012-0003. The NOV requires that the Discharger submit a completed 2015 Annual Report by April 8, 2016.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 01/2016
Date Issued Discharger Action Type Violation Type Status as of January 12, 2016 10/12/15 City of Etna Collection System Stipulated Order for ACLO Failure to comply with Statewide General Waste Discharge Requirements for Sanitary Sewer Systems Paid/Resolved Comments: On October 12, 2015, the Executive Director of the State Water Resources Control Board issued Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order WQ- 2015-0151-EXEC to the City of Etna Collection System for failure to comply with the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, including late submittal or nonsubmittal of various technical information and reports. The penalty amount is $19,182. The Discharger has paid the assessed penalty amount and this matter is resolved.
Date Issued Discharger Action Type Violation Type Status as of January 12, 2016 10/26/15 Samoa Pacific LLC NOV WDR Resolved Comments: On October 26, 2015, the Assistant Executive Officer (AEO) issued a Notice of Violation (NOV) to Samoa Pacific LLC for failure to comply with WDR Order No. R1-2007-0026 and Monitoring & Reporting Program Order No. R1-2007-0026 (MRP). Under the MRP, the Discharger is to submit monthly self-monitoring reports. The NOV requires that the Discharger submit monthly reports for February, April, and May of 2011 and January through December, 2013 by November 13, 2015. The Discharger has submitted the required reports and this matter is deemed resolved.
Date Issued Discharger Action Type Violation Type Status as of January 12, 2016 11/3/15 City of Santa Rosa Laguna EPL MMP Ongoing Comments: On November 3, 2015, the AEO issued an Expedited Payment Letter (EPL) to the City of Santa Rosa Water Department for Mandatory Minimum Penalty (MMP) violations in the amount of $12,000. The discharger has proposed to pay the penalty, and the proposed settlement has been posted for a 30-day public comment period ending January 4, 2016. Staff received no comments on this matter during the public comment period.
Date Issued Discharger Action Type Violation Type Status as of January 12, 2016 11/13/15 Mendocino Railway-Skunk Train 13267 Threatened sediment discharges Ongoing Comments: On November 13, 2015, the AEO issued a 13267(b) order to Mendocino Railway/Skunk Train requiring submittal of short and long term erosion control plans to control or minimize sediment discharges into Pudding Creek associated with repairs to a recently collapsed railway tunnel. The discharger has thus far failed to provide an adequate response. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of January 12, 2016 12/3/15 Marble Mountain Ranch NOV Unregulated discharges to waste in waters of the state Ongoing Comments: On December 3, 2015, the Planning, Stewardship, and Compliance Assurance Division Chief issued an NOV to Marble Mountain Ranch for unauthorized discharges of waste in waters of the state. This NOV is part of a coordinated enforcement effort with the State Water Resources Control Board’s Division of Water Rights (Water Rights) to direct the discharger to address public trust and water quality impacts associated with a water diversion ditch that originates on Stanshaw Creek and discharges to Irving Creek, both tributaries to the Klamath River. The diversion has been in place since the 1800s, and currently provides water for domestic uses and power generation on the Marble Mountain Dude Ranch. On an inspection with Water Rights staff in early 2015, Regional Water Board staff noted numerous locations along the ditch where it has failed in the past, may fail in the future, or where it is or may be causing active erosion/sediment delivery at this time. These features represent active or potential violations of the Basin Plan, the Water Code, and/or the Clean Water Act. Water Rights and Regional Water Board staff have sent to the discharger and the discharger’s counsel a package comprised of inspection reports prepared by respective agencies, the Regional Water Board’s NOV, and a draft CAO under a cover transmittal letter directing a response within 30 days (by January 2, 2016) discussing the discharger’s plan to address violations. Counsel for the discharger has requested, and been granted, an extension to January 19, 2016 to respond.
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2015
- Enforcement Actions Taken by the North Coast Regional Water Board as of 02/2015
Date Issued Discharger Action Type Violation Type Status as of February 13, 2015 12/15/14 Mendocino Redwood Company NOV Timber General WDRs: failure to treat controllable sediment discharge source Ongoing Comments: On December 15, 2014, the Chief of the Nonpoint Source and Timber Harvest Division issued a Notice of Violation to Mendocino Redwood Company, LLC for failure to identify/treat controllable sediment discharge sources on a timber harvest plan (THP) enrolled for coverage under the General Waste Discharge Requirements. The NOV directs the Discharger to complete corrective action work at each site by October 15, 2015.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2015 12/23/14 James Reifeiss and Hank Brown CAO Improper waste management associated with illegal auto crushing and miscellaneous onsite waste storage Ongoing Comments: On December 23, 2014, the Executive Officer issued a Cleanup and Abatement and 13267 Order No. R1-2014-0062 to James Reifeiss and Hank Brown for waste discharges associated with unpermitted car crushing activities and storage of miscellaneous scrap metal, refuse, derelict vehicles and car parts, and vehicle fluids stored in 55-gallon barrels. The order requires the Dischargers to submit and implement workplans and monitoring plans to assess and clean up discharged wastes and to document and report on correction effort.
Date Issued Discharger Action Type Violation Type Status as of February 13, 2015 01/09/15 Carl's Ready Mix NOV Industrial Storm Water: discharges of concrete washwater and concrete wastes to surface waters Ongoing Comments: On January 9, 2015, the Division Chief of the Planning, Stewardship & Compliance Assurance Division issued a Notice of Violation to Carl’s Ready Mix for violation of the Industrial Storm Water Permit associated with improper disposal of concrete washout and concrete wastes, resulting in commingling with stormwater and discharges to surface waters. The NOV directs the Discharger to confirm that it has ceased discharges to surface waters by February 8, 2015 and to develop and submit, by March 8, 2015, a plan describing proposed BMPs to prevent future discharges of concrete wastewater to surface waters. Compliance efforts underway.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 04/2015
Date Issued Discharger Action Type Violation Type Status as of March 27, 2015 1/28/15 Mendocino Redwood Company, LLC NOV WDR permit violation In compliance Comments: On January 28, 2015, the chief of the Nonpoint Source and Surface Water Protection Division issued a Notice of Violation to Mendocino Redwood Company, LLC for failure to identify and treat controllable sediment discharge sources under the General WDR for Discharges Related to Timber Harvest Activities. A site inspection identified several areas where corrective measures are needed to prevent or minimize sediment discharges. The NOV directed the Discharger to revise the Erosion Control Plan including corrective actions for Controllable Sediment Discharge Sources by February 15, 2015. The Discharger submitted an acceptable revised ECP, received February 17, 2015.
Date Issued Discharger Action Type Violation Type Status as of March 27, 2015 2/24/15 Allen Henderson CAO and 13267 Unauthorized discharge of fill material into waters of the state Ongoing Comments: On February 24, 2015, the Executive Officer (EO) issued Cleanup and Abatement (CAO) and 13267 Order No. R1-2015-0016, to Allen Henderson for discharge of fill material into waters of the state. The CAO directs the Discharger obtain all necessary permits, to clean up and abate the discharges and threatened discharges, and submit various technical and monitoring reports, with the first deliverable, a restoration, mitigation and monitoring plan, due by mid-April, 2015.
Date Issued Discharger Action Type Violation Type Status as of April 16, 2015 3/10/15 The City of Santa Rosa Wastewater TReatment Facilties ACLO Unauthorized discharges of Treated or partially treated wastewater to receiving waters Ongoing Comments: On March 10, 2015, the EO issued a Stipulated Administrative Civil Liability Order (Stipulated Order) No R1-2014-0052 to the City of Santa Rosa Wastewater treatment Facilities for unauthorized discharge of treated or partially treated wastewater to receiving waters in the amount of $74,776. The Stipulated Order states that the Discharger will implement a Supplemental Environmental Project (SEP) that will provide exclusionary fencing to reduce pollutants at three creek crossings (brides) in the Santa Rosa area. The cost will be at least $37,388 and the remaining $37,388 is to be paid to the Cleanup and Abatement Account.
Date Issued Discharger Action Type Violation Type Status as of April 16, 2015 4/8/15 Niles Ranch NOV Failure to submit 2014 Annual Report as required by WDR Order for cow dairies Ongoing Comments: On April 8, 2015, the EO issued a Notice of Violation (NOV) to Niles Ranch for failure to submit a 2014 Annual Report as required by WDR Order No. R1-2012-0003 for Existing Cow Dairies. The Annual report is due November 30th of each year. The NOV requests submittal of the past due report by May 7, 2015.
Date Issued Discharger Action Type Violation Type Status as of April 16, 2015 4/8/15 Del Biaggio Dairy NOV Failure to submit 2014 Annual Report as required by WDR Order for cow dairies Ongoing Comments: On April 8, 2015, the EO issued a Notice of Violation (NOV) to Del Biaggio Dairy for failure to submit their 2014 Annual Report as required by WDR Order No. R1- 2012-0003 for Existing Cow Dairies. The Annual report is due November 30th of each year. The NOV requests submittal of the past due report by May 7, 2015.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 05/2015
Date Issued Discharger Action Type Violation Type Status as of May 18, 2015 4/8/15 John Douglas Hale NOV CAO and 13267 Order Ongoing Comments: On April 8, 2015, the Assistant Executive Officer (AEO) issued a Notice of Violation (NOV) to John Douglas Hale for violation of Cleanup and Abatement and 13267 Order NO. R1-2014-0049, due to his failure to submit a complete and adequate Final Plan by September 30, 2014. The NOV provided comments intended to guide the Discharger in revising his Final Plan to fully address water quality concerns. On April 20, 2015, the Discharger provided a revised plan, but failed to address comments included in the April 8 NOV. This case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of May 18, 2015 4/25/15 Caltrans NOV Violation of the Statewide Construction General Permit Ongoing Comments: On April 25, 2015, the AEO issued a Notice of Violation (NOV) to Caltrans for violation of the Statewide Construction General Permit. Permit violations include unauthorized non-storm water discharge to Haehl Creek, Willits, failure to test residual chemical (i.e., chitosan) at required intervals, failure to accurately report residual chitosan in effluent on February 6, 2015, and failure to upload field data for ATS operations to SMARTS within the 30 day minimum requirement. This case is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 07/2015
Date Issued Discharger Action Type Violation Type Status as of July 9, 2015 4/13/15 Becki J. Rodriguez and Mario T. Apostolov NOV Non-compliance with 13267 and CAO order Ongoing Comments: On April 3, 2015, the Assistant Executive Officer (AEO) issued a Notice of Violation (NOV) to Becki J. Rodriguez and Mario T. Apostolov for failure to submit a final restoration plan by the December 31, 2013 deadline specified in 13267/Cleanup and Abatement Order R1-2013-0064. The dischargers submitted an incomplete plan in August 2014. The NOV includes comments on the workplan. On May 1, 2015, the Discharger’s consultant confirmed receipt of the NOV and indicated that they would submit responses to the NOV in a timely manner. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of July 9, 2015 6/11/15 Caltrans NOV Unauthorized Discharge Ongoing Comments: On June 11, 2015, the AEO issued an NOV to Caltrans for a discharge of construction debris and wet concrete associated with a viaduct collapse on its Willits Bypass project into Haehl Creek on January 22, 2015. The material remained in the stream until January 29, 2015, and affected downstream pH.
Date Issued Discharger Action Type Violation Type Status as of July 9, 2015 6/12/15 Caltrans 13267 Unauthorized Discharge Ongoing Comments: On June 12, 2015, the AEO issued 13267 Investigative Order R1-2015-0042 to Caltrans related to the discharge of construction debris and wet concrete to Haehl Creek that occurred on January 22, 2015. The Order requires Caltrans to submit a technical report by July 1, 2015, estimating the volume and type of construction debris that entered the Haehl Creek channel as a result of the viaduct collapse. Caltrans has submitted the report as required. This matter is ongoing.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 09/2015
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 7/6/15 Jennifer Neilsen CAO Unauthorized discharge of soil, rock and miscellaneous debris into waters of the state Ongoing Comments: On July 6, 2015, the Executive Officer (EO) issued Cleanup and Abatement Order (CAO) No. R1-2015-0048 to Jennifer Nielsen for discharge of soil, rock and miscellaneous debris to receiving waters associated with development and operation of roads, greenhouses, and an instream pond for cannabis cultivation. The CAO directs the Discharger to obtain all necessary permits, to clean up and abate discharges and threatened discharges, and to submit various technical reports, with the first deliverable, a proposed Restoration, Mitigation, and Monitoring Plan, due by August 15, 2015. The Plan was submitted on time and was approved by the EO on September 3, 2015.
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 7/7/15 City of Eureka Public Works Dept. ACLC MMPs Ongoing Comments: On July 7, 2015, the Assistant Executive Officer (AEO) issued a Administrative Civil Liability Complaint No. R1-2015-0047 to the City of Eureka Public Works Department Elk River WWTF for violations subject to mandatory minimum penalties (MMPs). The proposed penalty is $27,000.
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 8/4/15 CALTRANS and Ghilotti Construction Company Settlement Agreement Non-reporting Violations for the Highway 101 Widening Project Settle only the Non-reporting violations of the ACLC [Reporting violations penalties are still pending] Comments: On November 5, 2012, ACLC No. R1-2012-0112 was issued to CALTRANS and Ghilotti Construction Company in the amount of $190,000 for Non- reporting violations related to the Highway 101 High Occupancy Vehicle Central Project, North of Pepper Road in Petaluma to Rohnert Park Expressway in Rohnert Park. On August 4, 2015, the AEO signed the Settlement Agreement for the ACLC R1-2012-0112 in the amount of $127,725. The agreement resolves the Non-reporting violations only.
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 8/5/15 Eel River Fuels Inc. CAO Diesel fuel spill Ongoing Comments: On August 5, 2015, the EO issued CAO No. R1-2015-0053 to Eel River Fuels Inc. and William G. Hay, Jr. for a diesel fuel spill that occurred on February 23, 2015. The CAO directs the Discharger to obtain all necessary permits, to clean up and abate the discharges and threatened discharges, and submit various technical reports, with the first deliverable, a winterization plan, due by August 24, 2015. The Plan was submitted on time and approved by the EO on September 4, 2015.
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 8/10/15 City of Fort Bragg WWTF ACLO MMPs Settled Comments: On August 10, 2015, the EO issued a Stipulated Administrative Civil Liability Order (Stipulated Order) No. 1-2015-0010 to Fort Bragg Municipal Improvement District No. 1, The City of Fort Bragg Wastewater Treatment Facility for MMPs in the amount of $63,000. The Stipulated Order states that the Discharger will implement a Compliance Project (CP) that will involve retiring the existing trickling filter units and replacing them with an activated sludge treatment system.
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 8/20/15 City of Ferndale WWTF ACLO MMPs Settled Comments: On August 20, 2015, the EO issued a Stipulated Administrative Civil Liability Order (Stipulated Order) No. 1-2015-0046, to the City of Ferndale Wastewater Treatment Facility for MMPs in the amount of $18,000. The Stipulated Order states that the Discharger will implement a Compliance Project (CP) to construct a sludge drying facility.
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 8/24/15 Ben VanZutphen/ The Meadows at Oakmont CAO Unauthorized excavation of soil within a creek and discharge of fill material into water of the state Ongoing Comments: On August 24, 2015, the EO issued CAO No. R1-2015-0060 to Ben VanZutphen for removal of vegetation and excavation of soil within a creek channel and discharge of fill material into waters of the state, in Laurel Creek, tributary to the Middle Russian River, via Oakmont Creek. The CAO directs the Discharger to submit a Restoration Work Plan and/or Mitigation Plan, to cleanup and abate the discharges and threatened discharges, and submit various technical reports, with the first deliverable, a Baseline Information Report, due by September 30, 2015.
Date Issued Discharger Action Type Violation Type Status as of September 21, 2015 9/17/15 Ernest Glen Ungewitter CAO and 13267 Unauthorized dredge and fill activities in wetlands and riparian zone of Jonive Creek, tributary to lower Russian River Ongoing Comments: On September 17, 2015, the EO issued a CAO and Water Code section 13267 Order No. 1-2015-0064 to Mr. Ernest Glenn Ungewitter for unauthorized dredge and fill activities in wetlands and riparian zone of Jonive Creek. The Order directs the Discharger to submit technical information, and to submit and implement site restoration, mitigation, and monitoring plans. The first deliverable, Baseline Information, is due January 1, 2016.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 10/2015
Date Issued Discharger Action Type Violation Type Status as of 10/20/15 9/15/15 William H. Shandel NOV General Waste Discharge Requirements for Timber Operations of Non-industrial Timber Management plan Resolved Comments: On September 15, 2015, the Nonpoint Source and Surface Water Protection Division Chief issued a Notice of Violation (NOV) to Mr. William H. Shandel for failure to have a Registered Professional Forester (RPF) conduct a field evaluation of current conditions in the Non-Industrial Timber Management Plan area before proceeding with the Notice of Timber Operations (NTO). The NTO maps did not identify all watercourses and crossings, or areas that violate or have the potential to violate water quality requirements or to adversely impact beneficial uses. The NOV requires that the RPF submit, by October 15, 2015, a written description of the existing site conditions with a proposed corrective action plan to prevent or minimize sediment discharge. The required information has been submitted and the NOV has been resolved.
Date Issued Discharger Action Type Violation Type Status as of 10/20/15 9/15/15 Ms. Alicia Galliani and Ms. Alice Maas NOV General Waste Discharge Requirements for Timber Operations of Non-industrial Timber Management plan Resolved Comments: On September 15, 2015, the Nonpoint Source and Surface Water Protection Division Chief issued an NOV to Ms. Alicia Galliani and Ms. Alice Maas (Landowners) for failure to conduct a field evaluation of current conditions on the NTO area to identify sites that are violating or have the potential to violate applicable water quality requirements or adversely impact beneficial uses, are human caused, and can be reasonably and feasibly treated. The NOV requires that, by October 15, 2015, the Landowners submit a revised written description of the existing site conditions with a proposed corrective action plan to prevent or minimize sediment discharge. The landowners have submitted the required information and the NOV has been resolved.
Date Issued Discharger Action Type Violation Type Status as of 10/20/15 9/23/15 Eel River Fuels, Inc. and William G. Hay NOV Violation of CAO In Compliance Comments: On September 23, 2015, the Executive Officer issued an NOV to Eel River Fuels, Inc. and Mr. William G. Hay for violating Cleanup and Abatement Order (CAO) No. R1-2015- 0053. The CAO directs that the Discharger cover and/or otherwise contain a stockpile of contaminated soil to prevent transport to receiving waters. During a rainstorm event on September 15 and 16, 2015, the contaminated stock pile was not adequately covered, and water was allowed to contact and erode the stockpiled material. The NOV directs the Discharger to submit with the next weekly report information regarding the actions to be taken to correct the problem. The requested information was received by October 2, 2015 and the discharger is in compliance.
Date Issued Discharger Action Type Violation Type Status as of 10/20/15 9/30/15 Tulelake WWTF Stipulated Order for ACLO MMP Ongoing Comments: On September 30, 2015, the Executive Officer and the City of Tulelake signed Settlement Agreement and Stipulation for Entry of Order No. R1-2015-0054 to pay mandatory minimum penalties (MMP) in the amount of $351,000 for effluent limit violations. The violations occurred at the City’s Wastewater Treatment Facility. The full penalty amount will be suspended upon completion by the City of two Compliance Projects (CP). For CP1, the City will repair and upgrade its sanitary sewer system at a cost of about $78,950. For CP2, the City will add a second certified wastewater treatment plant operator at a cost of about $272,050 (equivalent to 4.5 years of salary).
Date Issued Discharger Action Type Violation Type Status as of 10/20/15 10/20/15 Robert Michael Dreifuss CAA Cost Recovery Letter/ Invoice Cost Recovery Invoice to Recover Cleanup and Abatement Account Funds Expended Ongoing Comments: In fall 2008, staff of the North Coast Regional Water Quality Control Board secured funds from the Cleanup and Abatement Account and oversaw implementation of an emergency cleanup/restoration project to address public health and safety concerns and threats to water quality on private property located east of Willits, after the landowner and discharger, Robert Michael Dreifuss, failed to comply with the requirements of Cleanup and Abatement Order No. R1-2007-0090. The total cost of the cleanup was $453,285; following site cleanup, staff placed a lien on the property in that amount. On October 20, 2015, staff issued an invoice to the discharger requesting payment of these funds by November 20, 2015. The lien will be removed from the property upon payment of this debt.
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2014-2007
- Enforcement Actions Taken by the North Coast Regional Water Board as of 12/2014
Date Issued Discharger Action Type Violation Type Status as of December 30, 2014 10/31/14 City of Ukiah, WWTF ACLC MMP Ongoing Comments: On October 31, 2014, the Assistant Executive Officer [AEO] issued Administrative Civil Liability Complaint No. R1-2014-0058 to the City of Ukiah WWTF, for violations subject to Mandatory minimum penalties [MMPs]. The proposed penalty is $51,000. The Discharger has returned a signed Waiver Form indicating its interest in entering settlement discussions in this matter. The case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of Decemeber 30, 2014 11/4/14 Codding Construction Company Nov Construction General Storm Water Permit Ongoing Comments:On November 4, 2014, the Division Chief of the Watershed Protection Division issued a Notice of Violation (NOV) to Codding Construction Company for failure to implement adequate Best Management Practices associated with Dick’s Sporting Goods. The NOV required that the Discharger provide documentation to demonstrate proper disposal of high pH water captured in the stormwater drainage system. The Discharger has responded to the NOV. This case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of Decemeber 30, 2014 11/13/14 Fernbridge Tractor & Equipment Company and Barnes Tractor & Equipment Company CAO Unauthorized discharge of equipment washing wasterwater to the Eel River Ongoing Comments: On November 13, 2014, the Executive Officer (EO) issued a Cleanup and Abatement and 13267 Order No. R1-2014-0059 to the Fernbridge Tractor & Equipment Company and Barnes Tractor & Equipment Company for unauthorized surface water discharges of pollutants and wastewater associated with washing tractors and other equipment. The Order requires the Discharger to implement measures to prevent further discharges to receiving waters and to submit a Corrective Action Workplan by January 15, 2015. This case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of Decemeber 30, 2014 11/19/14 Alto Bros. Trucking Co. NOV Industrial General Storm Water Permit Ongoing Comments: On November 1, 2014, the Division Chief of the Watershed Protection Division issued an NOV to Alto Bros. Trucking Company for inadequate Best Management Practices, resulting in unauthorized discharge of sediment-laden storm water to waters of the state. The NOV directed the Discharger to take measures to implement adequate BMPs, update its Stormwater Pollution Prevention Plan, and provide a technical report confirming these efforts by December 17, 2014. The Discharger has contacted staff to advise of compliance efforts underway. This case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of Decemeber 30, 2014 11/19/14 Lewis Park Water Company NOV WDRs Ongoing Comments: On November 19, 2014, the Office of Enforcement issued an NOV to Lewiston Park Mutual Water Company for numerous violations associated with their Wastewater Discharge Requirements. The NOV requests the Discharger to respond by December 19, 2014 to confirm or identify a date by which the violations will be corrected. A response has been received. This case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of Decemeber 30, 2014 11/19/14 Mendocino Redwood Company, LLC NOV Timber General WDRs, Timber Harvest Plan 1-07-145 MEN, "Soldier Frank" Ongoing Comments: On November 19, 2014, the Division Chief of the Nonpoint Source and Timber Harvest Division issued an NOV to Mendocino Redwood Company, LLC for failure to properly identify and treat controllable sediment sites on Timber Harvest Plan 1-07-145 MEN, “Soldier Frank, ” enrolled for coverage under the General WDRs for Discharges Related to Timber Harvest Activities. The NOV requires the Discharger to revise the Erosion Control Plan for this THP, and document corrective action taken at each of the identified sediment sites by December 15, 2014. The discharger met the December 15 submittal date. This case is ongoing.
Date Issued Discharger Action Type Violation Type Status as of Decemeber 30, 2014 11/25/14 County of Sonoma NOV Municipal Storm Water Permit Ongoing Comments: On November 25, 2014, the AEO issued an NOV to the County of Sonoma for violations associated with Municipal Storm Water Permit. The NOV requests that the violations be addressed within 45 days. This matter is ongoing.
Date Issued Discharger Action Type Violation Type Status as of Decemeber 30, 2014 12/8/14 Sonoma Soil Builders LLC NOV Industrial Storm Water Permit Ongoing Comments: On December 8, 2014, the Division Chief of the Watershed Protection Division issued an NOV to Sonoma Soil Builders LLC for unauthorized discharge of storm water from their facility located in Windsor. The NOV requires the Discharger to cease discharges of polluted storm water to waters of the State and to submit two reports: 1). A report of the corrective actions taken to address the violations, by January 8, 2015, and 2). An adequate Storm Water Pollution Prevention Plan, by February 8, 2015. The Discharger has been in contact with staff and indicated interest in and efforts underway to comply with the NOV.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 11/2014
Date Issued Discharger Action Type Violation Type Status as of October 23, 2014 9/4/14 City of Eureka EPL MMP Paid Comments: On September 19, 2014, the Executive Office issued an Expedited Payment Letter [EPL] to the City of Eureka, Elk River Wastewater Treatment Facility for Mandatory Minimum Penalty [MMP] violations in the amount of $9,000.
Date Issued Discharger Action Type Violation Type Status as of October 23, 2014 9/19/14 City of Ferndale EPL MMP Ongoing Comments:On September 19, 2014, the Exectueive Officer issued an Expedited Payment Letter [EPL] to the City of Ferndale for Mandatory Minimum Penalty [MMP] violations in the amount of $18,000.
- Enforcement Actions Taken by the North Coast Regional Water Board as of 08/2014
Date Issued Discharger Action Type Violation Type Status as of July 24, 2014 6/18/14 Barnum Timber Company NOV Timber General WDRs Ongoing Comments:On June 18, 2014, the Chief of the Nonpoint Source and Timber Harvest Division issued a Notice of Violation to Barnum Timber Company for failure to treat controllable sediment discharge sources on a timber harvest plan (THP) enrolled for coverage under the General Waste Discharge Requirements. The NOV acknowledges that short term measures had been taken to stabilize soil until long‐term measures are installed. The NOV directs the Discharger to have these long‐term measures in place by October 15, 2014.
Date Issued Discharger Action Type Violation Type Status as of July 24, 2014 6/30/14 Crescent City Harbor District ACLO MMPs Settled Comments: On June 30, 2014, the Executive Officer signed a Stipulated Oder No.r1-2014-032 for Crescent City Harbor District [Discharger] after a noticed 30 day-public comment period without comments. The stipulated Order states that the Discharger will implement a Compliance Project {CP} that will connect to the City of Crescent City’s wastewater treatment facility. The penalty amount is $123,000. The proposed cost of the CP is $140,711.
Date Issued Discharger Action Type Violation Type Status as of July 24, 2014 7/11/14 Occidental County Sanitation District and Sonoma County Water Agency ACLC MMPs Ongoing Comments: On July 11, 2014, the Assistant Executive Officer signed Administrative Civil Liability Compliant [ACLC] No. R1-2014-0045 to Occidental County Sanitation District and Sonoma County Water Agency for violations subject to mandatory minimum penalties. The proposed penalty is $57,000.
- Enforcement Actions Taken by the North Coast Regional Water Board From 04/01/14 to 06/30/14
- Enforcement Actions Taken by the North Coast Regional Water Board From 01/01/14 to 03/31/14
- Enforcement Actions Taken by the North Coast Regional Water Board From 10/1/13 to 12/30/13
- Enforcement Actions Taken by the North Coast Regional Water Board From 7/1/13 to 9/30/13
- Enforcement Actions from 1/1/2007 to 6/30/2013