San Diego Region - Enforcement Actions for August 2008

Enforcement Actions for August 2008 (Jeremy Haas)

The following is a summary of all enforcement actions taken during the month of August 2008. During this period the Regional Board initiated 17 enforcement actions (9 Notices of Violation (NOV); 2 Investigative Orders (IO); 1 Cleanup and Abatement Order (CAO); and 5 Complaints for Administrative Civil Liability (ACL).)

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 Internet webpage.

August 11, 2008, Notice of Violation (NOV) R9-2008-0099, City of Carlsbad & Techbilt Companies Faraday Avenue Extension and Carlsbad Oaks North Business Park, Agua Hedionda Channel. NOV R9-2008-0099 was issued for violations of two Clean Water Act Section 401 Certifications: (1) Certification 02C- 093 for the Faraday Avenue Extension and Carlsbad Oaks North Business Park project; and (2) Certification 06C-007 for the Agua Hedionda Channel Dredging Project. The violations in the NOV include: failure to implement and maintain post-construction best management practices; failure to implement mitigation; and, failure to submit reports as required by the two Certifications.

August 12, 2008, NOV R9-2008-0098, Mr. James Ramsay and M and J Ramsay Corporation / Chevron Gasoline Station, 27560 Jefferson Street, Temecula. Notice of Violation R9-2008-0098 was issued for failure to submit a Soil and Groundwater Investigation Workplan for the underground storage tank at 27560 Jefferson St. in Temecula by the due date, July 30, 2008, as required in Investigative Order R9-2008-0066

August 12 and 13, 2008, Notices of Violation to Multiple Parties, Underground Storage Tank Program. Five Notices of Violation (NOVs) were issued for failure to provide electronic versions of groundwater monitoring reports as required in Investigative Orders. The following entities received NOVs:

  • NOV R9-2008-0100: Metropolitan Water District, Skinner Water Filtration Plant, Metropolitan Water District,Winchester, Riverside County.
  • NOV R9-2008-0101: Mr. Jack Ceccarelli and Mr. Jason Blum, Former EZ Serve Gas Station at 9305 Mission Gorge Road in Santee.
  • NOV R9-2008-0106: Mr. Ed Mahr, Former Mahr’s Texaco at 312 South Main Street in Fallbrook.
  • NOV R9-2008-0107: Bianchi Family Trust, Former Bianchi Industry at 100 Calle Cortez in Temecula.
  • NOV R9-2008-0108: Shell Oil Products, Shell Gas Station at 39614 Los Alamos Road in Murrieta

August 14, 2008, NOV R9-2008-0103, Cunocar Financial Services; 425 25th St., San Diego. NOV R9-2008-0103 was issued for failure to implement directives of Investigative Order R9-2008-0008, including failure to initiate preliminary site assessment investigation and failure to provide a report within specified timeframes.

August 14, 2008, Withdrawl and Reissuance of ACL Complaint R9-2008-0064, South Orange County Wastewater Authority (SOCWA). On June 27, 2008, the Regional Board issued ACL Complaint (ACLC) No. 2008-0064 for effluent violations subject to MMPs. The effluent violations were attributed to four of the agencies that are members of the SOCWA joint powers authority and listed in Order R9-2006-0054. On August 14, 2008, the Regional Board withdrew and re-issued the Complaint individually for each of the member agencies. In addition, a new Complaint was issued for two alleged violations of effluent limitations of Order R9-2000-13 that were not included in the withdrawn Complaint. Hearings are tentatively scheduled to be held at the Regional Board meeting on November 12, 2008.

  • ACLC R9-2008-0090: $21,000 MMP - San Clemente Water Reclamation Plant;
  • ACLC R9-2008-0091: $27,000 MMP - Chiquita Water Reclamation Plant;
  • ACLC R9-2008-0092: $ 6,000 MMP - City of San Juan Capistrano Reverse Osmosis Water Treatment Plant;
  • ACLC R9-2008-0093: $57,000 MMP - South Coast Water District Groundwater Recovery Facility.
  • ACLC R9-2008-0094: $6,000 MMP - San Juan Creek Ocean Outfall

August 21, 2008, Cleanup And Abatement Order (CAO) R9-2008-0036, Bulldog Concrete Pumping. CAO R9-2008-0036 was issued in response to unauthorized discharges of concrete slurry into Chollas Creek from a vacant lot located on the 3300 block of Logan Avenue and Gregory Street in the City of San Diego (Chollas Creek Hydrologic Unit). The CAO requires the discharger to cleanup and abate existing and threatened pollution associated with the unauthorized discharge of waste by January 7, 2009 through the removal of solidified concrete slurry, revegetating the creek, and implementing erosion control management measures

August 21, 2008. NOV R9-2008-0095, Dakota Ranch Development Co., LLC. NOV R9-2008-0095 was issued for failing to remit $312,600 ACL imposed by the Regional Board on August 8, 2007 (ACL Order R9-2007-0107). Dakota Ranch continues to be in violation of it’s Section 401 Water Quality Certification 02C-064 for failing to create 0.26 acres of ephemeral stream channel within the City of Santee by September 30, 2004. The notice also informed Dakota Ranch that the Regional Board has assigned this matter to the Attorney General of the State of California to pursue judicial collection.

August 22, 2008. Investigative Order R9-2008-0102, Driscoll's West Boat Repair, Shelter Island Drive, San Diego. IO R9-2008-0102 was issued to investigate a sheen observed in San Diego Bay adjacent to the Driscoll's West Boat Repair, which is currently undergoing significant reconstruction of its facility located at 2700 Shelter Island Drive, San Diego. The spill reports were first reported in July 2008 by the Office of Emergency Services and subsequent inspections were conducted by the Regional Board, Fish and Game, and the United States Coast Guard. The Order requires Driscoll to submit a technical report by November 14, 2008, containing the results of an investigation of the discharge and the effects of this discharge on the environment.

August 29, 2008. Investigative Order R9-2008-0112, Marine Corps Air Station (MCAS), Camp Pendleton. IO R9-2008-0112 was issued to investigate discharges of jet fuel found within a storm drain conveyance system on May 27, 2008 and potentially into the subsurface environment in the vicinity of MCAS, Camp Pendleton. The Order requires MCAS, Camp Pendleton to submit a technical report by December 19, 2008 containing the results of an investigation of the discharge and the effects of this discharge on the environment.