San Diego Region - Enforcement Actions for October 2010
Enforcement Actions for October 2010
During the month of October 2010, the San Diego Water Board initiated 50 enforcement actions including 4 Complaints for Administrative Civil Liability, 1 revised Cleanup and Abatement Order, 1 Investigative Order, 1 Notice of Violation (NOV) with a Water Code section 13267 reporting requirement, 19 Notices of Noncompliance, 1 NOV, and 23 Staff Enforcement Letters.
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) COMPLAINTS
Lite Stone Concrete, El Cajon
ACL Complaint No. R9-2010-0127 was issued to Lite Stone Concrete, LLC on October 8, 2010 for $3,766 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 $1,300 in mandatory penalties pursuant to Water Code section 13399.33 for failing to submit the fiscal year (FY) 2008-2009 annual report and discretionary penalties of $2,466 for failing to pay the FY 2009-2010 annual fees. A hearing is tentatively scheduled for December 14, 2010.
San Diego Truck Body and Equipment, Inc., Lemon Grove
ACL Complaint No. R9-2010-0129 was issued to San Diego Truck Body and Equipment, Inc. on October 7, 2010 for $4,916 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 $2,450 in mandatory penalties pursuant to Water Code section 13399.33 for failing to submit the FY 2007-2008 and 2008-2009 annual reports and discretionary penalties of $2,466 for failing to pay the FY 2007-2008 annual fees. A hearing is tentatively scheduled for December 14, 2010.
Sea World, Inc. San Diego
ACL Complaint No. R9-2010-0138 was issued to Sea World, Inc. on October 7, 2010 for $6,000 in mandatory minimum penalties for two violations of enterococcus and ammonia effluent limitations in Order No. R9-2005-0091, NPDES Permit No. CA0107336. Water Code section 13385 requires the San Diego Water Board impose a $3,000 mandatory minimum penalty for each violation. A public hearing is tentatively scheduled for December 14, 2010.
Fallbrook Public Utility District
ACL Complaint No. R9-2010-0140 was issued to Fallbrook Public Utility District on October 6, 2010 for $3,000 in mandatory minimum penalties for one violation of settleable solids effluent limitations in Order No. R9-2006-0002, NPDES Permit No. CA0108031. Water Code section 13385 requires the San Diego Water Board impose a $3,000 mandatory minimum penalty for each violation. A public hearing is tentatively scheduled for December 14, 2010.
CLEANUP AND ABATEMENT ORDER (CAO)
Former Hebdon Electronics Site, Escondido
Revised CAO No. R9-2010-0007 was issued to multiple parties on October 26, 2010 for cleanup activities at the former Hebdon Electronics Site in Escondido. The CAO was originally issued by the Assistant Executive Officer on February 1, 2010. Two of the named responsible parties subsequently requested a hearing. The Executive Officer conducted a paper hearing and revised the CAO to (1) remove Consolidated Electrical Distributors, Inc. and Northbrook Properties, Inc. as responsible parties; and (2) deny a request from American Salvage, Inc. to be named as a secondarily responsible party.
INVESTIGATIVE ORDER (IO)
Rancho Santa Fe Fire Department
IO No. R9-2010-0114 was issued to the Rancho Santa Fe Fire Department on October 28, 2010 to investigate the potential human health risks from the pollution and nuisance created by an unauthorized discharge of waste constituents from former underground storage tanks. A human health risk assessment report is due by February 27, 2011.
NOTICE OF VIOLATION WITH WATER CODE SECTION 13267 TECHNICAL REPORT
City of San Diego, Development Services Department and Engineering and Capital Projects Department
NOV No. R9-2010-0135 was issued on October 1, 2010 to the City of San Diego for violations of Order No. R9-2007-0001, the municipal storm water permit, which were identified during a series of site inspections between January and September 2010. The cited violations include failure to implement post-construction storm water management requirements and failure to reduce pollutants in storm water to the maximum extent practicable. Pursuant to Water Code section 13267 the City of San Diego is required to submit a technical report by December 1, 2010 that describes remedies to the identified deficiencies and other information regarding implementation of post-construction storm water treatment requirements of Order No. R9-2007-0001.
NOTICES OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998
Second Notice of Failure to Submit Annual Report for Industrial Storm Water NPDES Permit Notices of Noncompliance were sent to 19 enrollees of the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ (Order) who failed to submit the 2009-2010 Annual Report. The Annual Reports were due by July 1, 2010 as required by Section B.14 of the Order. In accordance with Water Code section 13399.31, the first Notices of Noncompliance were sent in August 2010 to 65 dischargers. On October 6 and 7, 2010 the second Notices of Noncompliance were sent to the following 19 dischargers. If the report is not submitted within 30 days of the second Notice, then the violation will be subject to a mandatory penalty of at least $1,000 plus staff costs pursuant to Water Code section 13399.33.
Agriscape, Murrieta
Agriscape, Inc, Murrieta
Allways Recycling, San Diego
C E Wilson Corp, Spring Valley California
Stone Works, Santee
Dee Metals, San Diego
Eagle Auto Dismantling, Lakeside
Elgar Inc, San Diego
Erik Vogt, San Diego
Futura Fiberglass, National City
GMG Stone Inc, El Cajon
Imperial Auto Wrecking, San Diego
Lite Stone Concrete, El Cajon
Mar Con Products, Inc., San Marcos
Modern Stairways, Spring Valley
Murrieta DC, Murrieta
Recycle San Diego, San Diego
Remec, San Diego
Sciarrino, Pete, European Natural Stone Co, Santee
NOTICE OF VIOLATION (NOV)
European Natural Stone Co., Santee
NOV No. R9-2010-0141 was issued on October 11, 2010 to Mr. Pete Sciarrino, owner of European Natural Stone Co. for violations of Order No. 97-03-DWQ, the statewide general industrial storm water permit. The NOV was issued following a site inspection on October 6, 2010 that documented a failure to implement best management practices at the site. The NOV requests a written response by October 26, 2010 that confirms the violations have been corrected.
STAFF ENFORCEMENT LETTERS (SEL)
Eastern Municipal Water District, Temecula Valley Regional Water Reclamation Facility
An SEL was issued to the Eastern Municipal Water District on October 5, 2010 for one violation of the coliform bacteria effluent discharge specification in Order No. 2000-165 that occurred in April 2010.
Chatham Brothers Barrel Yard Site, Escondido
An SEL was issued on October 20, 2010 to De Maximus / Chatham Site PRP Group following review of a 5 Year Remedy Review Report for the Chatham Brothers Barrel Yard Site. The SEL identifies violations of Basin Plan discharge prohibitions from an unauthorized discharge of contaminated groundwater to surface water in Felicita Creek at concentrations above water quality objectives.
County of San Diego, Rancho del Campo Water Pollution Control Facility
An SEL was issued to the County of San Diego Rancho del Campo Water Pollution Control Facility on October 19, 2010 for two violations of the 12-month average discharge specification for nitrate in Order No. 87-108 that occurred for the 12-month periods of April 2009 – March 2010 and July 2009 – June 2010.
County of San Diego, San Pasqual Academy
An SEL was issued to the County of San Diego San Pasqual Academy on October 20, 2010 for one sampling violation of Order No. R9-2009-0072 that occurred in January 2010.
County of San Diego, Julian Water Pollution Control Facility
An SEL was issued to the County of San Diego Julian Water Pollution Control Facility on October 27, 2010 for three violations of the 12-month average discharge specification for chloride of Order No. 83-09 that occurred between April and June 2010 and one violation for failure to submit an annual water supply analysis.
County of San Diego, Pine Valley Sanitation District
An SEL was issued to the County of San Diego Pine Valley Sanitation District on October 27, 2010 for one violation of the 12-month average discharger specification for total dissolved solids (TDS) in Order No. 94-161 that occurred in June 2010. Kkottongnae Inc.,
Kkottongnae Retreat Camp, Temecula
An SEL was issued to Kkottongae Inc., on October 19, 2010 for two violations of nitrate discharge specifications and two reporting requirements within Order No. 93-43 that occurred between January and June 2010.
Lilac Enterprises, Hidewaway Lake Mobile Home Estates, Valley Center
An SEL was issued to Lilac Enterprises on October 14, 2010 for one violation of the boron daily maximum discharge specification in Order No. 93-27 that occurred in January 2010.
United States Marine Corps Base Camp Pendleton, Recycled Water
An SEL was issued to the U.S. Marine Corps on October 13, 2010 for two violations of the manganese daily maximum discharge specification within Order No. R9-2009-0021 and for two spills of tertiary disinfected recycled water that violated prohibitions of the Order.
United States Marine Corps Base Camp Pendleton, Sewer Treatment Plant No. 11
An SEL was issued to the U.S. Marine Corps on October 28, 2010 for three violations of the 30-day average and daily maximum discharge specifications for biochemical oxygen demand in Order No. 97-13 that occurred in May 2010.
Caltrans, Descanso Maintenance Station
An SEL was issued to Caltrans on October 18, 2010 for one reporting violation and one violation of the 12-month average discharge specification for total dissolved solids (TDS) of Order No. R9-2006-0063 that occurred between January and June 2010.
Sierra Rey, LLC, Ortega Oaks RV Park and Campground, Lake Elsinore
An SEL was issued to Sierra Rey, LLC, Ortega Oaks RV Park and Campground on October 13, 2010 for eight reporting violations of Order No. 2001-140 at the Ortega Oaks RV Park and Campground identified in the 2009 annual monitoring report. The cited reporting violations include failure to report (1) effluent sampling results for TDS, pH, phenols, and total nitrogen; (2) groundwater analyses for phenols, total nitrogen and formaldehyde; and (3) potable water use consumption.
Indian Oaks Trailer Ranch, Temecula
An SEL was issued to Indian Oaks Trailer Ranch on October 13, 2010 for twelve reporting violations of Order No. 88-24 identified in the 2008 and 2009 annual monitoring reports. The cited violations include failure to report (1) supply water analyses in 2009 for TDS, chloride, sulfate, and nitrate; (2) monthly water consumption and monthly visitor days in 2008 and 2009; and (3) information on disposal of solids from the septic tanks in 2008 and 2009.
City of San Diego, Recycled Water Spill
An SEL was issued to the City of San Diego on October 12, 2010 in response to a reported spill of 1,408,000 gallons of recycled water that occurred in September 2010 near Black Mountain Road and Carmel Valley Road. The spill was in violation of Water Code section 13264. The SEL requests the City to submit a follow-up report identifying causes and responses to the spill.
City of San Diego, North City Water Reclamation Plant
An SEL was issued to the City of San Diego on October 27, 2010 for one violation of the 12-month average discharge specification for manganese in Order No. 97-03 that occurred in August 2010.
Rancho Santa Fe Community Services District, Santa Fe Valley Water Reclamation Plant
An SEL was issued to the Rancho Santa Fe Community Services District on October 12, 2010 for one violation of the total coliform instantaneous maximum discharge specification of Order No. R9-2002-0013 that occurred in May 2010.
All Seasons RV Park and Campground, Escondido
An SEL was issued to All Seasons RV Park and Campground on October 11, 2010 for three violations of the chloride and boron discharge specifications in Order No. 94-05 that occurred between July 2009 and June 2010.
Baily Vineyard & Winery, Inc., Temecula
An SEL was issued to Baily Vineyard & Winery, Inc. on October 11, 2010 for eight reporting violations of Order No. 2001-159 resulting from a failure to take a grab sample from a percolation pond between January and June 2010 and report results for TDS, chloride, percent sodium, sulfate, nitrate, potassium, boron, and pH.
Fallbrook Public Utility District, Treatment Plant No. 1
An SEL was issued to the Fallbrook Public Utility District on October 5, 2010 for one reporting violation and two violations of discharge specifications for total coliform and turbidity in Order No. 91-39 that occurred between June and July 2010.
Oak Tree Ranch, Inc., Wastewater Treatment and Disposal Facility, Ramona
An SEL was issued to Oak Tree Ranch, Inc. on October 27, 2010 for three reporting violations of Order No. R9-2007-0046. One violation resulted from the failure to identify operator staff in the January – March 2010 quarterly report. Two violations resulted from failure to submit the April – June 2010 quarterly report and the January – June 2010 semiannual monitoring report that were due on July 30, 2010.
Ramona Unified School District, Hanson Elementary School
An SEL was issued to the Ramona Unified School District on October 28, 2010 for 15 violations of the daily limit for nitrate as NO3 in groundwater in Order No. R9-2004-0409 that occurred between April and September 2009.
Vallecitos Water District, Meadowlark Water Reclamation Plant
An SEL was issued to the Vallecitos Water District on October 26, 2010 for two violations of the minimum modal chlorine contact time operation specification in Order No. R9-2007-0018 that occurred in June 2010.
Ramona Municipal Water District, Santa Maria Water Reclamation Facility
An SEL was issued to the Ramona Municipal Water District on October 28, 2010 for two violations of discharge specifications for TDS and sulfate in Order No. 2000-177 that occurred between July and September 2010.
