SanDiego Region - Enforcement Actions for October 2008

Enforcement Actions for October 2008 - Jeremy Haas

The following is a summary of all enforcement actions taken during the month of October 2008. During this period the Regional Board initiated 52 enforcement actions (28 Notices of Violation (NOV); 1 NOV with a required technical report; 18 Staff Enforcement Letters (SEL); 1 Investigative Order (IO); 1 Cleanup and Abatement Order (CAO) Addendum, 1 CAO Rescission; 1 Complaint for Administrative Civil Liability (ACL); and 1 ACL Complaint Withdrawl.

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

October 1, 2008. NOV R9-2008-0114, Rainbow Municipal Water District Oak Crest Treatment Plant, Fallbrook. NOV R9-2008-0114 was issued for nine violations of waste discharge requirements in Order No. 93-69 for discharges from the Oak Crest Treatment Plant, San Diego County. Noticed violations include three violations of effluent limitations in discharges to the wastewater irrigation area, failure to report flow rates on four days, and failure to report dissolved oxygen concentrations in two semi-annual periods.

October 17, 2008. Notices of Violation to Multiple Parties, Industrial Storm Water Program. Notices of violation (NOVs) were issued to 21 parties for failure to submit the 2007-2008 industrial storm water annual reports required by State Water Board Order No. 97-03-DWQ, the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with industrial Activity. The Annual Reports were due to the Regional Board by July 1, 2008. These are the second NOVs issued to each facility for the violation. Since two NOVs have been sent and 60 days have passed since each facility was originally notified, each of the 21 facilities is subject to mandatory minimum penalties pursuant to California Water Code Section 13399.33.

October 22, 2008. NOV R9-2008-0147 and Required Technical Report. Yvette Anthony Streambed at Santiago Road, Temecula. NOV R9-2008-0147 was issued for unauthorized discharges of fill and riprap to waters of the State associated with construction of a culverted stream crossing at Santiago Road, east of John Warner Road in Temecula. Pursuant to Water Code Sections 13267, a technical report describing the discharge and its effects is required to be submitted to the Regional Board by November 22, 2008.

STAFF ENFORCEMENT LETTERS

October 2, 2008. Staff Enforcement Letter, Caltrans I-15 Managed Lanes Project. A staff enforcement letter was issued to Caltrans, District 11 for construction storm water violations documented during an inspection on September 23, 2008. Violations included inadequate BMPs at stockpiles and contractor yards.

October 2, 2008. Staff Enforcement Letter, Carlsbad Municipal Water District, Carlsbad Water Recycling Facility. A staff enforcement letter was issued to the Carlsbad Municipal Water District in response to reported violations of recycled water effluent limits in Order R9-2001-352, Master Reclamation Permit with Waste Discharge Requirements for Carlsbad MWD, Carlsbad Water Recycling Facility, San Diego County.

October 3, 2008. Staff Enforcement Letter, Valley Center Municipal Water District, Woods Valley Ranch Water Reclamation Facility. A staff enforcement letter was issued to the Valley Center Municipal Water District for filing an incomplete monitoring report. The March 2008 monitoring report did not include monitoring data for total suspended solids, volatile suspended solids, and pH as required by the monitoring and reporting program for Order R9-1998-0009, Waste Discharge Requirements and Water Reclamation Requirements for Woods Valley Ranch Water Reclamation Facility, Valley Center Municipal Water District, San Diego County.

October 29, 2008. Staff Enforcement Letter. Pauma Valley Community Services District, Pauma Valley Wastewater Treatment Plant. A staff enforcement letter was issued for four violations of total suspended solids effluent concentrations reported pursuant to the Monitoring and Reporting program for Order R9-2006-0049, Waste Discharge Requirements for the Pauma Valley Community Services District, Pauma Valley Treatment Plant, San Diego County.

October 2008. Staff Enforcement Letters. Multiple Parties, Construction Storm Water Facilities. Fourteen staff enforcement letters (SELs) were issued for violations of the Statewide General Construction Storm Water NPDES Permit (Order 99-08-DWQ) following inspections at the following facilities. Most violations cited included failure to implement and maintain adequate BMPs.

INVESTIGATIVE ORDERS

October 9, 2008. NOV R9-2008-0109 and Investigative Order R9-2008-0110. MCS Civic Center Plaza, LLC , Ralph Stone and Company, Inc., and CMH Environmental Group. Mr. Terry One, Hour Cleaners Site, 431 North Escondido Boulevard, Escondido. NOV R9-2008-0109 was issued for violations of eligibility requirements and monitoring and reporting requirements in Order No. R9-2003-0111, General Waste Discharge Requirements for Discharges of Treated Groundwater From Volatile Organic Compound Cleanup Sites to Land in the San Diego Region. Historical disposal of dry cleaning waste from the Mr. Terry One-Hour Cleaners Site resulted in contaminated soil and ground water at and in the site’s vicinity. From June 2004 through August 2006, remedial activities involved subsurface discharges of two treatment agents. Investigative Order No. R9-2008-0110 was issued to determine the effects of those discharges. Reports of the investigation are due to the Regional Board on December 17, 2008.

CLEANUP AND ABATEMENT ORDERS

October 2008. CAO R9-2008-0074, addendum and rescission, Moritz Residence 14272 Jerome Drive, Poway. On October 1, 2008, Addendum No. 1 to CAO R9-2008-0074 was issued to modify the compliance dates in the CAO to reflect the proposed timeline presented in the September 18, 2008 Amended Stream Restoration Plan for Moritz Property (prepared by Geosyntec Consultants). The CAO and addendum was subsequently rescinded on October 30, 2008, with the intent to reissue a new enforcement action to be considered in a public hearing on December 10, 2008.

ADMINISTRATIVE CIVIL LIABILITIES

October 6, 2008. Withdrawl of ACL Complaint R9-2008-0093, South Orange County Wastewater Authority, South Coast Water District Groundwater Recovery Facility. ACL Complaint R9-2008-0093 was withdrawn in response to new information regarding additional violations and planned corrective measures. The Complaint was issued for alleged NPDES effluent violations subject to mandatory minimum penalties (MMP). Additional MMP violations have been reported, and the South Coast Water District has reported that it has begun to implement a plan to sewer the effluent, which is intended to prevent further effluent violations. A revised ACL Complaint for all the MMP violations will be issued upon termination of the discharge, which is expected in January 2009.

October 7, 2008. ACL Complaint R9-2008-0033, Ametek, Inc. Former Ametek/Ketema Aerospace Manufacturing Facility, 790 Greenfield Drive El Cajon. ACL Complaint R9-2008-0033 was issued o Ametek Inc. for failure to comply with Cleanup And Abatement Order (CAO) R9-2002-0201, as amended, at the former Ametek/Ketema Aerospace Manufacturing Facility located at 790 Greenfield Drive in El Cajon. Liability is proposed for failure to install wells and collect ground-water samples in accordance with the CAO, failure to submit a complete Delineation Report by April 30, 2003 as required by the CAO, and failure to submit a complete Feasibility Study Report by January 16, 2004 as required by the CAO. The Complaint recommends the Regional Board impose a civil liability of $2,269,000 for these violations. A hearing scheduled for December 10, 2008 has been postponed to a future Regional Board meeting.