San Diego Region - Enforcement Actions for July 2009
Enforcement Actions for July 2009
The following is a summary of all enforcement actions taken or initiated during the month of July 2009. During this period the California Regional Water Quality Control Board, San Diego Region (Regional Board) initiated 17 enforcement actions: one Administrative Civil Liability (ACL) Order, five ACL Complaints, and 11 Notices of Violation. 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/
ADMINISTRATIVE CIVIL LIABILITY (ACL) ORDERS
South Orange County Wastewater Authority, South Coast Water District Groundwater Recovery Facility, Dana Point
ACL Order No. R9-2009-0048 was adopted on July 1, 2009 for $204,000 in mandatory minimum penalties against the South Orange County Wastewater Authority (SOCWA) for 68 effluent limitation violations of NPDES Order No. R9-2006-0054. The Order directs $94,500 be paid to the State Water Board Cleanup and Abatement Account and $109,500 be paid to the Southern California Coastal Waters Research Program to support a supplemental environmental project, “Rocky Reef Study.” Payment was required by July 31, 2009. On July 31, 2009, SOCWA and the South Coast Water District filed a petition for review with the State Water Board.
ADMINISTRATIVE CIVIL LIABILITY (ACL) COMPLAINTS
City of San Diego, Sanitary Sewer System
ACL Complaint No. R9-2009-0042 was issued on July 22, 2009 to the City of San Diego for discharges of sanitary sewage into Lake Hodges. The Complaint recommends a civil liability of $620,278 for the discharge of 381,185 gallons of untreated sewage from August 20-24, 2007. Lake Hodges is a municipal potable water supply reservoir and provides for recreational beneficial uses.
Minshew Brothers Steel Construction Inc., Lakeside
ACL Complaint No. R9-2009-0058 was issued on July 2, 2009 to Minshew Brothers Steel Construction, Inc. for failure to submit annual industrial NPDES monitoring reports for Fiscal Years 2006-07 and 2007-08. The Complaint recommends a discretionary penalty be imposed of $62,700. The violations are subject to mandatory penalties of not less than $1,000 and staff costs. The Complaint recommends civil liability above the minimum because the Discharger has a history of similar violations and was assessed a $6,000 ACL for similar violations in August 2006.
Progressive Steel Fabricators, Spring Valley
ACL Complaint No. R9-2009-0061 was issued on July 16, 2009 to Progressive Steel Fabricators for failure to submit its annual industrial NPDES monitoring report for Fiscal Year 2007-08. The Complaint recommends a penalty of $1,600, which is the mandatory minimum penalty of $1,000 plus $600 in staff costs required by Water Code section 13399.33. If the discharger elects to contest the matter, the recommended penalty may increase to recover additional necessary staff costs.
GMG Stone, Inc., El Cajon
ACL Complaint No. R9-2009-0062 was issued on July 16, 2009 to GMG Stone, Inc. for failure to submit its annual industrial NPDES monitoring report for Fiscal Year 2007-08. The Complaint recommends a penalty of $1,600, which is the mandatory minimum penalty of $1,000 plus $600 in staff costs required by Water Code section 13399.33. If the discharger elects to contest the matter, the recommended penalty may increase to recover additional necessary staff costs.
E&E Transportation, Inc., Ramona
ACL Complaint No. R9-2009-0065 was issued on July 16, 2009 to E&E Transportation, Inc. for failure to submit its annual industrial NPDES monitoring report for Fiscal Year 2007-08. The Complaint recommends a penalty of $1,600, which is the mandatory minimum penalty of $1,000 plus $600 in staff costs required by Water Code section 13399.33. If the discharger elects to contest the matter, the recommended penalty may increase to recover additional necessary staff costs.
NOTICES OF VIOLATION (NOV)
Olivenhain Municipal Water District, Encinitas
NOV No. R9-2009-0111 was issued to the Olivenhain Municipal Water District on July 14, 2009 for failure to comply with Clean Water Act Section 401 Water Quality Certification No. 04C-120. The NOV alleges the District failed to submit as-built mitigation site reports and mitigation monitoring reports as required by the Certification. As a result, the NOV notes that the Regional Board cannot determine whether the District implemented required habitat mitigation.
Ramona Unified School District, Hanson Elementary School
NOV No. R9-2009-0093 was issued to the Ramona Unified School District on July 1, 2009 for violations of Waste Discharge Requirements (WDR) Order No. R9-2004-0409. The NOV alleges 102 violations of WDR performance requirements for nitrate over a period from July 2006 through March 2009.
San Diego Wild Animal Park, Escondido
NOV No. R9-2009-0108 was issued to the San Diego Wild Animal Park on July 8, 2009 for violations of WDR Order No. 99-04 for the Park’s sewage treatment plant. The NOV alleges 100 violations of WDR discharge specifications for peak flow and total coliform over a period from October 2007 through March 2009.
City of San Diego, Metropolitan Wastewater Division, South Bay Water Reclamation Plant
NOV No. R9-2009-0112 was issued to the City of San Diego, Metropolitan Wastewater Division on July 8, 2009 for violations of Order No. 2000-203, Waste Discharge Requirements for the Production and Purveyance of Recycled Water for City of San Diego, South Bay Water Reclamation Plan, San Diego County. The NOV alleges eight effluent violations of WDR discharge specifications for total dissolved solids, methylene blue activate substances, chloride, total coliform, and sulfate over a period from January 2009 through May 2009.
Trabuco Canyon Water District, Los Pinos Forestry Camp, Trabuco Canyon
NOV No. R9-2009-0113 was issued to the Trabuco Canyon Water District on July 8, 2009 for violations of WDR Order No. 93-46. The NOV alleges two effluent violations for average wastewater flow rate and for two monitoring deficiencies over a period from October 2008 through December 2008.
Carlsbad Municipal Water District, Carlsbad Water Recycling Facility
NOV No. R9-2009-0114 was issued to the Carlsbad Municipal Water District on July 9, 2009 for violations of WDR Order No. 2001-352. The NOV alleges 22 effluent violations for turbidity, manganese, and residual chlorine over a period from August 2008 through December 2008.
Oak Tree Ranch, Inc., Oak Tree Ranch Private Residential Community Wastewater Treatment and Disposal Facility, Ramona
NOV No. R9-2009-0115 was issued to Oak Tree Ranch, Inc., on July 8, 2009 for violations of WDR Order No. R9-2007-0046. The NOV alleges five violations of WDR Discharge Specification for total nitrogen over a period from January 2007 through March 2009.
Caltrans, District 11, Descanso Maintenance Station, Descanso
NOV No. R9-2009-0116 was issued to Caltrans, District 11 on July 8, 2009 for violations of WDR Order No. R9-2006-0063. The NOV alleges 25 violations of WDR Discharge Specifications for total dissolved solids, total nitrogen, metylene blue active substances, and boron and two late submittals of monitoring reports over a period from January 2007 through December 2008.
Rancho California Water District, Santa Rosa Water Reclamation Facility, Temecula
NOV No. R9-2009-0118 was issued to the Rancho California Water District on July 9, 2009 for violations of WDR Order No. 94-92. The NOV alleges six violations of WDR Discharge Specifications for total dissolved solids and for failing to report one analysis of biological oxygen demand over a period from October 2008 through May 2009.
Ramona Municipal Water District, San Vicente Wastewater Treatment Plant, Ramona
NOV No. R9-2009-0121 was issued to the Ramona Municipal Water District on July 9, 2009 for violations of WDR Order No. 93-03. The NOV alleges five violations of WDR Discharge Specifications for total coliform over a period from October 2008 through March 2009. In addition, 14 violations for boron and total dissolved solids were identified that are expected to be addressed by the District’s completion of an upgraded reverse osmosis system.
Orfila Vineyard, Inc., Orfila Vineyard, Escondido
NOV No. R9-2009-0122 was issued to the Orfila Vineyard, Inc., on July 14, 2009 for violations of WDR Order No. 87-100. The NOV alleges six violations of Monitoring and Reporting requirements for failing to submit reports signed by an authorized person, failing to report monthly volume of wastewater discharged to percolation ponds, and failure to submit a log of the quantity and type of solid wastes hauled for disposal and the point of disposal.
