San Diego Region - Enforcement Actions for April 2011

Enforcement Actions for April 2011

During the month of April 2011, the San Diego Water Board initiated the following enforcement actions:

Administrative Civil Liability Order (1)
Cleanup and Abatement Order (1)
Investigative Order (1)
Notice of Noncompliance with Storm Water Enforcement Act of 1998 (1)
Notice of Violation with Section 13267 Required Report (1)
Notices of Violation (2)
Staff Enforcement Letters (3)
Total (10)

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

Healthy Times, Inc. Poway
ACL Order No. R9-2011-0031 against Healthy Times, Inc. was adopted on April 13, 2011 for $9,492 for violations of Order No. 97-03-DWQ, the Statewide General Industrial Storm Water Permit, 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 Order imposed liability for failing to submit two annual reports and failing to pay three annual fees. The reporting violations are subject to mandatory minimum penalties pursuant to Water Code section 13399.33.

CLEANUP AND ABATEMENT ORDER (CAO)

TDY Industries, Inc., TDY Holdings, LLC, and Teledyne Aeronautical Company, San Diego
Addendum No. 4 to CAO No. R9-2004-0258 was adopted on April 13, 2011 to address cleanup and abatement of wastes discharged to land at the former Teledyne Ryan Aeronautical site adjacent to San Diego Bay. The addendum was adopted following a public hearing. The addendum requires the responsible parties to submit a Remedial Action Plan (RAP) by June 30, 2011 and to implement the RAP upon approval of the San Diego Water Board. A final Cleanup and Abatement Completion Report is due within 90 days of completion of all activities in the remediation schedule.

INVESTIGATIVE ORDER (IO)

City of El Cajon, Sanitary Sewage Collection System
IO No. R9-2011-0045 was issued to the City of El Cajon on April 18, 2011 to investigate the cause, effect, and response to the discharge of approximately 92,000 gallons of untreated sewage into the City’s storm drain system and Forrester Creek during storm events in December 2010. The IO also directs the City to investigate the validity of a complaint received by the California Environmental Protection Agency regarding intentional discharges of sewage by City staff that were not reported to the San Diego Water Board. A technical report is due by May 31, 2011.

NOTICE OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998

Toyota Tshuro America, San Diego
A Notice of Noncompliance was sent on April 4, 2011 to Toyota Tshuro America for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ,. The Notice is the first to inform the discharger that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject it to mandatory penalties. A second Notice will be sent after 30 days if the discharger fails 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.

NOTICE OF VIOLATION WITH WATER CODE SECTION 13267 REQUIREMENT FOR TECHNICAL REPORT

Pardee Homes, Pacific Highlands Ranch Units 21-22, San Diego
NOV No. R9-2011-0044 was issued to Pardee Homes on April 14, 2011 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 at the Pacific Highlands Ranch, Units 21 and 22, construction site in San Diego. Violations cited include failure to prevent sediment-laden discharges, failure to implement erosion and sediment control best management practices (BMPs), and failure to implement good site housekeeping. On March 21, 2011 San Diego Water Board inspectors observed lack of sediment and erosion controls led to discharges of sediment-laden water into Gonzalez Canyon, tributary to San Dieguito River and Lagoon. Pursuant to Water Code section 13267, Black Mountain Ranch, LLC is required to submit a technical report by May 16, 2011 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. In addition, Black Mountain Ranch, LLC is required to submit results from specific bioassessment, effluent, and receiving water monitoring activities by July 29, 2011 to determine the extent of the impacts and the effectiveness of BMPs used at the site.

NOTICES OF VIOLATION (NOV)

Black Mountain Ranch, LLC, San Diego
NOV No. R9-2011-0042 was issued to Black Mountain Ranch, LLC on April 6, 2011 for one violation of Order No. 2009-0009-DWQ, the statewide general construction NPDES storm water permit. Black Mountain Ranch, LLC was cited for failing to implement requirements for Risk Level 2 dischargers. Black Mountain Ranch, LLC was previously required to implement Risk Level 2 requirements by the San Diego Water Board in response to violations cited in NOV No. R9-2011-0025.

Allied Waste Industries and Otay Landfill, Inc., Otay Landfill, Chula Vista
NOV No. R9-2011-0030 was issued to Allied Waste Industries and Otay Landfill, Inc. on April 13, 2011 for violating Order No. 90-09 by accepting shipments of hazardous waste at the Otay Landfill. The violations are based on samples collected by the Department of Toxic Substances Control on July 10, 2010.

STAFF ENFORCEMENT LETTERS (SEL)

Southern California Edison, San Onofre Nuclear Generating Station, Unit 2
An SEL was issued to Southern California Edison on April 12, 2011 for submitting a late report in May 2008 for NPDES Order No. R9-2005-0005.

Southern California Edison, San Onofre Nuclear Generating Station, Unit 3
An SEL was issued to Southern California Edison on April 12, 2011 for one violation of the effluent limitation for settlable solids in NPDES Order No. R9-2005-0006 during April 2010 and for one late report violation in May 2008.

Eastern Municipal Water District, Temecula Valley Regional Water Reclamation Facility
An SEL was issued to the Eastern Municipal Water District on April 8, 2011 for four violations of Order No. 2000-165 that occurred during February 2011. Violations included one violation of the daily maximum discharge specification for manganese, one violation of the 7-day effluent median discharge specification for coliform, and two violation for exceeding the effluent coliform bacteria concentration limit of 23 MPN per 100 mL more than once in a 30-day period.