San Diego Region - Enforcement Actions for November 2010

Enforcement Actions for November 2010

During the month of November 2010, the San Diego Water Board initiated the following enforcement actions:

Administrative Civil Liability Order (1)
Administrative Civil Liability Complaint (2)
Administrative Civil Liability Withdrawal (1)
Notice of Violation, with Water Code Section 13267 Reporting Requirement (1)
Notice of Violation (1)
Notices of Noncompliance with Storm Water Enforcement Act (8)
Staff Enforcement Letters (10)
Total (24)

A summary of recent regional enforcement actions is provided below. Additional information on violations, enforcement actions, and mandatory minimum penalties is available to the public from the following on-line sources:

State Water Board Office of Enforcement webpage at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/

California Integrated Water Quality System (CIWQS)
https://www.waterboards.ca.gov/water_issues/programs/ciwqs/publicreports.html

State Water Board GeoTracker database:
https://geotracker.waterboards.ca.gov/

ADMINISTRATIVE CIVIL LIABILITY (ACL) ORDER

City of Escondido, Hale Avenue Resource Recovery Facility
 ACL Order No. R9-2010-0144 against the City of Escondido was adopted on November 10, 2010 and imposed a $6,000 mandatory minimum penalty as recommended in ACL Complaint No. R9-2010-0132 for two violations of numeric effluent limitations in Order No. R9-2005-0139 Hale Avenue Resource Recovery Facility Brine Discharge.

ACL COMPLAINTS

Healthy Times, Inc., Poway
 ACL Complaint No. R9-2010-0126 was issued to Healthy Times, Inc. on November 17, 2010 for $9,462 for violations of the general industrial storm water permit, Order No. 97-03-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000001 Waste Discharge Requirements (WDRs) for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. The Complaint proposes $2,900 in mandatory penalties pursuant to Water Code section 13399.33 for failing to submit the fiscal year (FY) 2007-2008 and 2008-2009 annual reports and discretionary penalties of $6,592 for failing to pay the FY 2007-2008, 2009-2010, and 2009-2010 annual fees. A hearing is tentatively scheduled for February 9, 2011.

Jack Eitzen, 38155 Via Vista Grande, Murrieta
 ACL Complaint No. R9-2010-0104 was issued against Jack Eitzen on November 15, 2010 for $301,950 for alleged violations of Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activities. Administrative assessment of civil liability is proposed for failing to develop and implement an adequate Storm Water Pollution Prevention Plan at 38155 Via Vista Grande, Murrieta for 211 days. A hearing is tentatively scheduled to be held at the San Diego Water Board meeting on February 9, 2011.

Bulldog Concrete Pumping, San Diego
 ACL Complaint No. R9-2010-0082 against Bulldog Concrete Pumping was withdrawn on November 2, 2010. The ACL Complaint was issued on September 22, 2010 for failure to comply with the directives of Cleanup and Abatement Order R9-2008-0036; specifically the failure to cleanup and abate the effects of concrete discharged into Chollas Creek in 2004. On October 18, 2010, the Dischargers notified the Prosecution Team that they had recently removed the concrete in response to receiving the ACL Complaint. San Diego Water Board staff Frank Melbourn and Christina Arias verified the concrete had been removed during an inspection on October 20, 2010. On October 26, 2010, the Discharger provided documentation that the concrete was properly disposed. Given the previous criminal prosecution of this matter to act as a deterrent and the importance the San Diego Water Board places on cleanup, both present here, the Prosecution Team elected to not pursue additional penalties. Therefore, the Complaint was withdrawn without prejudice.

NOTICE OF VIOLATION WITH WATER CODE SECTION 13267 TECHNICAL REPORT

Scripps Mesa Developers, LLC, San Diego
 NOV No. R9-2010-0146 was issued on November 3, 2010 to Scripps Mesa Developers, LLC for violations of Order No. 2009-009-DWQ, NPDES No. CAS000002, National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. The cited violations include failure to comply with discharge prohibitions, failure to adequately implement erosion control Best Management Practices (BMPs), and failure to adequately implement sediment control BMPs. On October 25, 2010, San Diego Water Board inspectors observed sediment-laden water being pumped from the construction site into an offsite storm drain and found that the entire site lacked adequate erosion control BMPs including several slopes susceptible to discharge. Pursuant to Water Code section 13267 Scripps Mesa Developers, LLC was required to submit a technical report by November 22, 2010 that describes remedies to the identified deficiencies and other information regarding implementation of construction storm water BMP requirements of Order No. Order No. 2009-009-DWQ.

NOTICE OF VIOLATION (NOV)

Palomar Village Shell, Temecula
 NOV No. R9-2010-0149 was issued to Palomar Village Shell on November 16, 2010 for failing to submit a Site Assessment Report by October 30, 2010 as required in Investigative Order No. R9-2010-0064.

NOTICES OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998

Notice of Requirement to Enroll Under Industrial Storm Water General Permit
 Notices of Noncompliance were sent on November 5, 2010 to eight facilities (see table below) for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000001 Waste Discharge Requirements (WDRs) for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. The Notices are the first to inform the dischargers that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject them to mandatory penalties. A second Notice will be sent after 30 days to any of the dischargers that fail to enroll. If a Notice of Intent to enroll is not submitted within 30 days of the second Notice, the violation will be subject to a mandatory penalty of not less than $5,000 per year of noncompliance plus staff costs pursuant to Water Code section 13399.33.

STAFF ENFORCEMENT LETTERS (SEL)

Carlsbad Municipal Water District, Carlsbad Recycling Facility
 An SEL was issued to the Carlsbad Municipal Water District on November 8, 2010 for three violations at the Carlsbad Water Recycling Facility of the daily maximum manganese discharge specification in Order No. 2001-0352 that occurred between July and September 2010.

Fairbanks Ranch Community Services District, Water Pollution Control Facility
 An SEL was issued to the Fairbanks Ranch Community Services District on November 4, 2010 for one violation at its Water Pollution Control Facility of the 30-day average total dissolved solids (TDS) discharge specification in Order No. 93-05 that occurred in April 2010.

Ramona Municipal Water District, San Vicente Wastewater Treatment Plant
 An SEL was issued to the Ramona Municipal Water District on November 3, 2010 for one violation at the San Vicente Wastewater Treatment Plant of the 12-month average percent sodium discharge specification in Order No. 2009-0005 that occurred in June 2010.

Ramona Municipal Water District, San Vicente Wastewater Treatment Plant
 An SEL was issued to the Ramona Municipal Water District on November 8, 2010 for one violation at the San Vicente Wastewater Treatment Plant of the 12-month average percent sodium discharge specification in Order No. 2009-0005 that occurred in July 2010.

City of San Diego, North City Water Reclamation Plant
 An SEL was issued to the City of San Diego on November 9, 2010 for one violation at the North City Water Reclamation Plant of the 12-month average manganese discharge specification in Order No. 97-03 that occurred in September 2010.

County of San Diego, Pine Valley Sanitation District
 An SEL was issued to the County of San Diego, Pine Valley Sanitation District
on November 2, 2010 for one violation of the 12-month average TDS discharge specification in Order No. 94-161 that occurred between October 2009 and September 2010.

County of San Diego, Rancho del Campo Water Pollution Control Facility
 An SEL was issued to the County of San Diego on November 2, 2010 for one violation at the Rancho del Campo Water Pollution Control Facility of the 12-month average nitrate discharge specification in Order No. 87-108 that occurred between October 2009 and September 2010.

South Orange County Wastewater Authority, Multiple Facilities
 An SEL was issued to the South Orange County Wastewater Authority on November 9, 2010 for numerous violations of Order No. 97-52 (Waste Discharge and Water Recycling Requirements for the Production and Purveyance of Recycled Water by Member Agencies of the South Orange County Reclamation Authority, Orange County) at two of its member agencies' facilities that occurred between July 2010 and September 2010.

  • The Moulten Niguel Water District Regional Plant was cited for two violations of the 12-month average discharge specifications for manganese.
  • The South Coast Water District Coastal Treatment Plant was cited for one violation of the daily maximum discharge specification for manganese and two violations of the 12-month average discharge specification for manganese.

Whispering Palms Community Services District, Water Pollution Control Facility
 An SEL was issued to the Whispering Palms Community Services District on November 4, 2010 for three violations of Order No. 94-80 at its Water Pollution Control Facility. The SEL cited one violation of the 30-day average TDS discharge specification that occurred in May 2010, one violation of the 30-day average chloride discharge specification that occurred in May 2010, and one violation for late submission of groundwater analyses.

San Elijo Joint Powers Authority, San Elijo Reclamation Facility
 An SEL was issued to the San Elijo Joint Powers Authority on November 23, 2010 for one violation at the San Elijo Reclamation Facility of the 12-month average TDS discharge specification in Order No. R9-2000-0010 that occurred between October 2009 and September 2010.