San Diego Region - Enforcement Actions for February 2008

The following is a summary of all enforcement actions during the month of February 2007. During this period the Regional Board initiated 15 enforcement actions (1 Notice of Non Compliance, 10 Staff Enforcement Letters, 2 Notices of Violation with Investigative Orders, 1 Investigative Order, and 1 Cleanup and Abatement Order). Information on sewage spills is provided in a separate discussion topic entitled "Sewage Spills").

In addition to the summary information provided below, access to information on violations, enforcement actions, and mandatory minimum penalties on a real-time basis is available to the public from the State Water Resources Control Board's Website.

On January 28, 2008, Cleanup and Abatement Order (CAO) was issued to Jim Barbour, for the unauthorized discharge of sediment, rock, and fill material into a tributary of Poway Creek at 17215 Iron Mountain Road, Poway. The filling occurred without first submitting an application (either a Report of Waste Discharge or water quality certification). The City of Poway is also pursuing enforcement against the landowner for grading without a permit. The CAO requires cleanup byremoval of the fill by March 29, 2007.

On February 15, 2008, an Investigative Order was issued to Cunocar Accounting Service to investigate a petroleum hydrocarbon release from an underground tank located at 425, 25th Street, San Diego. The leak was discovered in 1991. The first report is due to the Regional Board in July 2008.

On Feb 18, 2008, a Notice of Non-Compliance (NONC) was issued to Brenntag Pacific located at 1888 Nirvana Ave Chula Vista. This was the second and final notice of failure to enroll in the Statewide Industrial stormwater permit. Failure to comply is subject to mandatory penalties of no less than $5,000 per year (Water Code Section 13390.30 and .33)

On February 19, 2007, separate Notice of Violations and Investigative Orders were issued to Lennar Homes-Corona and the City of Santee regarding a construction site known as Sky Ranch in Santee. The NOV to Lennar cites violations of the construction stormwater permit. A technical report describing actions taken to implement BMPs is due to the Regional Board on March 7, 2008. The NOV to the City of Santee cites violations of the municipal stormwater permit for failing to provide adequate oversight of the project. A technical report describing actions taken by the City to provide adequate oversight and enforcement is due to the Regional Board on March 7, 2008

On February 28 & 29, 2008, Notices of Violations (NOVs) were issued to the following companies for failure to pay annual fees for enrollment in the Industrial stormwater permit. In the future, the Regional Board may consider removal from group monitoring program allowed under the permit, outright rescission of their enrollment in the permit, and/or imposition of civil liability.

On February 26, 2008, Staff Enforcement letters (SELs) were issued to the following for violations of effluent limitations contained in Waste Discharge Requirements/NPDES permits. These violations are reported to the Regional Board in monitoring reports submitted by the Dischargers. Effluent Violations of NPDES permits are subject to Mandatory Minimum Penalties (MMPs). for more information