SanDiego Region - Enforcement Actions for November 2008

Enforcement Actions for November 2008

The following is a summary of enforcement actions taken or initiated during the month of November 2008. During this period the Regional Board initiated 23 enforcement actions: 6 Notices of Violation (NOV); 8 Staff Enforcement Letters; 1 Investigative Order; 1 Cleanup and Abatement Order Addendum; 2 Complaints for Administrative Civil Liability (ACL); and 5 ACL Orders.

In addition to the summary information provided below, access to information on violations, enforcement actions, and Mandatory Minimum Penalties (MMPs) on a real-time basis is available to the public from the State Water Resources Control Board’s Internet webpage at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/

NOTICES OF VIOLATION

November 13, 2008. NOV No.R9-2008-0156. Mountain Water Ice Company / Oceanside Plant. NOV No. R9-2008-0156 was issued for alleged failure to comply with Order No. R9-2005-0015, Waste Discharge Requirements, NPDES No. CA0108391. The NOV cited 87 violations of effluent concentration and flow limitations and five reporting violations. Eighty five of the violations are subject to mandatory minimum penalties (MMPs) pursuant to California Water Code Section 13385(h) and (i).

November 21, 2008. NOV No.R9-2008-0153. County of San Diego / Bonsall Landfill NOV No. R9-2008-0153 was issued for alleged monitoring and reporting violations of Order 97-15, Waste Discharge Requirements for Post-Closure Maintenance of County of San Diego Bonsall Sanitary Landfill, San Diego County. The NOV alleges that the County failed to sample two monitoring wells as required by the WDRs and failed to identify violations in its cover letter and provide a discussion of the actions taken or planned to correct the situation.

November 21, 2008. NOV No. R9-2008-0149. Armstrong Farms, Valley Center NOV No. R9-2008-0149 was issued for Armstrong Farms alleged failure to implement adequate best management practices (BMPs) specifically required by Conditional Waiver of waste discharge requirement No. 3 (Resolution No. R9-2007-0104). The failure to implement BMPs led to the violation of Basin Plan Prohibitions 1, 2, 6, 7, and 8. The NOV alleged that the site does not have adequate BMPs and/or management measures (MM) to prevent the discharge of animal waste and process water to waters or adjacent property or to prevent storm water runon from coming into contact with manure/composting piles which would result in a discharge of pollutants to surface waters.

November 21, 2008. NOV No. R9-2008-0154. Ramona Municipal Water District / San Vicente Water Reclamation Plant. NOV No. R9-2008-0149 was issued for alleged violations of waste discharge requirements in Order No. R9-1993-0003 for discharges from the San Vicente Water Reclamation Plant. Violations include discharges of recycled water from the San Vicente Wastewater Treatment Plant to Spangler Peak Ranch and subsequently into the surface waters of the San Vicente Hydrologic Area. In addition, the NOV alleges that the District failed to submit annual reports to the Regional Board that certify recycled water users have implemented the Rules and Regulations for Reclaimed Water Users established by the District pursuant to Reclaimed Water Use Provision D.1 of Order No. 93-03.

November 21, 2008. NOV No. R9-2008-0157. Whitman Ranch, Inc. / Spangler Peak Ranch. NOV No. R9-2008-0157 was issued for alleged violations of the Basin Plan resulting from discharges of recycled water from the San Vicente Wastewater Treatment Plant to Spangler Peak Ranch and subsequently into the surface waters of the San Vicente Hydrologic Area. The use of recycled water at Spangler Peak Ranch has resulted in sustained ponding and surfacing on lands beyond the disposal area in violation of Basin Plan Prohibition 6. The discharge of recycled water to San Vicente Creek (a tributary to San Vicente Reservoir) or tributaries via surface or ground water flow paths from the application of recycled water at Spangler Peak Ranch constitutes a violation of Basin Plan Prohibition 4. In addition the discharge off-site from Spangler Peak Ranch with concentrations of total dissolved solids (TDS) that exceed Basin Plan water quality objectives contributes to the degradation and pollution of ground and surface water quality and is a violation of Basin Plan Prohibitions 1 and 5.

November 24, 2008. NOV No. R9-2008-0116, with Required Technical Report. Fallbrook Public Utility District / Treatment Plant No. 1. NOV No. R9-2008-0116 was issued alleging one violation of the coliform effluent limitation in Order No. 91-39, Waste Discharge Requirements for Fallbrook PUD, Plant No.1 and 2 Reclamation Projects, San Diego County. A technical report was also required for information (samples) demonstrating compliance with Title 22 definitions of disinfected tertiary recycled water (chlorine residual).

STAFF ENFORCEMENT LETTERS

November 6, 2008. Staff Enforcement Letter. USMC Base, Camp Pendleton. A staff enforcement letter was issued in response to two unauthorized discharges of sewage and treated wastewater and three reporting violations of requirements in Order R9-1998-0004, Waste Discharge Requirements for United States Marine Corps Camp Pendleton, Sewage Treatment Plant No. 9 (Las Pulgas), San Diego County.

November 7, 2008. Staff Enforcement Letter. City of Oceanside. A staff enforcement letter was issued in response to one flow rate effluent violation of Order R9-1993-0007, Waste Discharge Requirements for San Luis Rey Wastewater Treatment Plant, City of Oceanside, San Diego County.

November 7, 2008. Staff Enforcement Letter. California Department of Forestry and Fire Protection, Puerta La Cruz Conservation Camp. A staff enforcement letter was issued in response to one TDS effluent violation of Order R9-1993-0012.

November 7, 2008. Staff Enforcement Letter. Outdoor Resorts Rancho California, Inc., Aguanga. A staff enforcement letter was issued in response to a failure to perform pH analysis in violation of Order R9-2000-0138.

November 7, 2008. Staff Enforcement Letter. Lake Henshaw Resort, Inc. A staff enforcement letter was issued in response to three violations of the Monitoring and Reporting Program for Order No. R9-1994-0003

November 7, 2008. Staff Enforcement Letter. U.S. Navy. A staff enforcement letter was issued in response to three violations of Order No. R9-1993-0011.

November 7, 2008. Staff Enforcement Letter. Kkottongnae Retreat Camp. A staff enforcement letter was issued in response to six violations of Order No. R9-1993-0043.

November 7, 2008. Staff Enforcement Letter. Lilac Enterprise Corporation, Hideaway Lake Mobile Home Estates. A staff enforcement letter was issued in response to failure to report daily flow rates during 18 periods in violation of Order No. R9-1993-0027.

CLEANUP AND ABATEMENT ORDERS

November 24, 2008. CAO No. R9-2002-0109, Addendum 1. Mr. Ken Rauton and Mr. Sam Hasson / Sam’s Super Shell at 28670 Front Street, Temecula. Addendum No. 1 to CAO No. R9-2002-0109 changes the frequency of groundwater well monitoring from quarterly to annual. The CAO prescribes requirements for the remediation of soil and groundwater pollution that resulted from an unauthorized release of petroleum hydrocarbons from an underground storage tank system at the site.

ADMINISTRATIVE CIVIL LIABILITY COMPLAINTS

November 25, 2008. ACL Complaint No. R9-2008-0127. America Plaza Owners Association / One America Plaza, San Diego. ACL Complaint No. R9-2008-0127 recommends imposing $12,000 in mandatory minimum penalties (MMPs) for four effluent violations of Order No. R9-2000-0090, NPDES No. CAG919001, General Waste Discharge Requirement for Temporary Groundwater Extraction and Similar Waste Discharges to San Diego Bay and Storm Drain or Other Conveyance Systems Tributary Thereto. The MMPs are required pursuant to California Water Code Section 13385(h) and (i). A hearing on the Complaint has been tentatively scheduled for February 11, 2009.

November 26, 2008. ACL Complaint No. R9-2008-0121. Studio 15 Housing Partners / Studio 15 Apartments, San Diego. ACL Complaint No. R9-2008-0121 recommends imposing $63,000 in mandatory minimum penalties (MMPs) for 21 alleged effluent violations of Order No. R9-2000-0090, NPDES No. CAG919001, General Waste Discharge Requirement for Temporary Groundwater Extraction and Similar Waste Discharges to San Diego Bay and Storm Drain or Other Conveyance Systems Tributary Thereto. The MMPs are required pursuant to California Water Code Section 13385(h) and (i). A hearing on the Complaint has been tentatively scheduled for February 11, 2009.

ADMINISTRATIVE CIVIL LIABILIY ORDERS

November 12, 2008. ACL Order No. R9-2008-0104. Promenade Mall Development Corporation / Promenade Mall, San Diego. ACL Order No. R9-2008-0104 imposed $9,000 in MMPs for three effluent violations of Order No. R9-2001-0096, NPDES No. CAG919002, General Waste Discharge Requirements for Groundwater Extraction Waste Discharges from Construction, Remediation, and Permanent Groundwater Extraction Projects to Surface Waters within the San Diego Region, Except for San Diego Bay.

November 12, 2008. ACL Order No. R9-2008-0137. San Elijo Joint Powers Authority / San Elijo Ocean Outfall, Orange County. ACL Order No. R9-2008-0137 imposed $9,000 in MMPs for three effluent violations of Order No. R9-2005-0100, NPDES Permit No. CA0107999 Waste Discharge Requirement for the San Elijo Joint Powers Authority, San Elijo Water Reclamation Facility Discharge to the Pacific Ocean Via the San Elijo Ocean Outfall, San Diego County. The ACL directs that $4,500 of the liability be provided to the Southern California Coastal Waters Research Project for a specific supplemental environmental project.

November 12, 2008. ACL Order No. R9-2008-0140. City of San Diego / Convention Center Dewatering Project. ACL Order No. R9-2008-0140 imposed $69,000 in MMPs for 23 effluent violations of Order No. R9-2003-0050, NPDES Permit No. CA0109029, Waste Discharge Requirements for Groundwater Extraction Waste Discharges to San Diego Bay from the San Diego Convention Center, San Diego County.

November 12, 2008. ACL Order No. R9-2008-0142. San Diego County Water Authority / San Vicente Pipeline Project. ACL Order No. R9-2008-0140 imposed $135,000 in MMPs for 45 effluent violations of Order No. R9-2001-0096, NPDES Permit No. CAG919002, General Waste Discharge Requirements for Groundwater Extraction Waste Discharges from Construction, Remediation, and Permanent Groundwater Extraction Projects to Surface Waters within the San Diego Region Except for San Diego Bay. The ACL directs that $75,000 of the liability be provided to the San Diego River Conservancy for specific supplemental environmental projects.

November 12, 2008. ACL Order No. R9-2008-0144. South Orange County Wastewater Authority / Multiple Facilities. ACL Order No. R9-2008-0144 imposed $60,000 in MMPs for 20 violations of NPDES Permit No. CA 107417, Order Nos. R9-2000-13 and R9-2006-0054. The order directs: (1) payment of $12,500 to the State Water Resources Control Board; (2) payment of $37,500 to the Southern California Coastal Water Research Project to fund a supplemental environmental project known as “Harmful Algal Bloom Investigation.”