San Diego Region - Enforcement Actions for June 2009

Enforcement Actions for June 2009

The following is a summary of all enforcement actions taken or initiated during the month of June 2009. During this period the California Regional Water Quality Control Board, San Diego Region (Regional Board) initiated nine enforcement actions: one Investigative Order, seven Notices of Violation, and one Staff Enforcement Letter. 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 at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/.

CLEANUP AND ABATEMENT ORDERS (CAO)

Tentative Cleanup and Abatement Order No R9-2005-0126, Shipyard Sediment Site Cleanup Project. On June 10, 2009, the Presiding Officer for Prehearing Proceedings issued an Order to extend the stay of schedule for proceedings during mediation for Tentative Cleanup and Abatement Order No. R9-2005-0126. On June 9, 2008, the Presiding Officer referred the proceedings related to the Tentative CAO to mediation. The referral was pursuant to Government Code section 14420.1 0(a)(1) and followed a joint request from most parties. No party objected to the mediation. The June 9, 2008 Order stayed the schedule of proceedings contained in the Second Amended Order of Proceedings for a period of ninety days. By Orders dated September 5, 2008 and December 8, 2008, the Presiding Officer extended the mediation period for additional periods of time. Most recently, the mediation was extended on March 20, 2009. More information on this matter is available at https://www.waterboards.ca.gov/sandiego/water_issues/programs/shipyards_sediment/

INVESTIGATIVE ORDERS (IO)

IO No. R9-2009-0077 to S&S Farms Swine Raising Facility, Ramona. IO No. R9-2009-0077 was issued on June 10, 2009 to S&S Farms Swine Raising Facility to submit an annual monitoring program report regarding the compliance of S&S Farms with the provisions prescribed in Conditional Waiver No. 3, Discharges from Animal Operations. An investigation is required to determine if discharges pose a threat to users of groundwater in the vicinity of the Facility and to provide technical information that will be used to determine if any corrective actions are necessary to bring the site into compliance with waiver conditions. The IO requires the first annual report to be submitted on December 1, 2009.

NOTICES OF VIOLATION (NOV)

NOV No. R9-2009-0085 to the County of San Diego, Bonsall Landfill. NOV No. R9-2009-0085 was issued to the County of San Diego, Department of Public Works on June 1, 2009 for violations of Investigative Order No. R9-2008-0097, issued on September 23, 2008 requiring an Amended Report of Waste Discharge in response to a release of landfill constituents from the Bonsall Landfill. The NOV alleges that the Amended Report of Waste Discharge did not include a Public Participation Plan or list of constituents of concern as required by the Investigative Order.

NOV No. R9-2009-0087 to Mr. George Kelly, Former Carson Cleaners, Escondido. NOV No. R9-2009-0087 was issued to Mr. George Kelly on June 12, 2009 for alleged violations of Cleanup and Abatement Order No. R9-2009-0012. The NOV alleges a failure to submit a Baseline Groundwater Quality Investigation and a Site Investigation and Characterization Workplan by April 30, 2009 and May 29, 2009, respectively.

NOV No. R9-2009-0092 to Dr. William and Lori Moritz, Poway. NOV No. R9-2009-0092 was issued to Dr. William and Lori Moritz on June 1, 2009 for alleged violations of Cleanup and Abatement Order No. R9-2009-0152, which was adopted by the Regional Board on February 11, 2009 and required the cleanup and fill discharged into an unnamed ephemeral tributary to Rattlesnake Creek. The NOV alleges failure to conduct cleanup and abatement activities, failure to remove fill material, and failure to submit a final Cleanup and Abatement report by deadlines specified in the CAO.

NOV No. R9-2009-0095 to County of San Diego, San Pasqual Academy, Escondido. NOV No. R9-2009-0095 was issued to the County of San Diego on June 12, 2009 for alleged violations of Order No. 94-004, for the treatment and disposal of domestic wastewater from an onsite wastewater treatment system at the San Pasqual Academy in Escondido. The NOV alleges 25 effluent violations from January 2008 through December 2008 based on review of three semiannual and annual monitoring reports.

NOV No. R9-2009-0097 to City of Carlsbad, Calavera Dam Remedial Project. NOV No. R9-2009-0097 was issued to the City of Carlsbad on June 18, 2009 for alleged violations of Clean Water Act Section 401 Water Quality Certification No. 04C-077. The Certification was issued on August 11, 2006 for proposed remedial improvements at the Calavera Dam. The NOV alleges failure to construct required compensatory mitigation by December 2008.

NOV No. R9-2009-0102 to County of San Diego, Rancho Del Campo Water Pollution Control Facility. NOV No. R9-2009-0086 was issued to the County of San Diego, Department of Public Works on June 24, 2009 for alleged violations of Order No. 87-108, Waste Discharge Requirements for the County of San Diego, Rancho del Campo Water Pollution Control Facility, San Diego County. The NOV alleges six effluent violations from January 2008 through March 2009 based on review of four quarterly and annual monitoring reports.

NOV No. R9-2009-0103 to County of San Diego, Pine Valley Water Pollution Control Facility. NOV No. R9-2009-0103 was issued to the County of San Diego, Department of Public Works on June 25, 2009 for alleged violations of Order No. 94-161, Waste Discharge Requirements for the County of San Diego, Pine Valley Sanitation District, Pine Valley Water Pollution Control Facility, San Diego County. The NOV alleges four effluent violations from January 2008 through December 2008 based on review of four quarterly and annual monitoring reports.

STAFF ENFORCEMENT LETTER (SEL)

SEL to LandBank Properties, LLC, Former Omar Rendering Site, Chula Vista
An SEL was sent to LandBank Properties, LLC on June 11, 2009 following review of reports submitted for the Former Omar Rendering Site in accordance with Cleanup and Abatement Order No. R9-2003-0080. The SEL identified numerous shortcomings with the Comprehensive Site Investigation Report, Site Conceptual Model, and Comprehensive Feasibility Study submitted pursuant to the CAO. In addition, the SEL requested that a Site Conceptual Model and Workplan to Conduct a Comprehensive Site Investigation be submitted no later than August 31, 2009.