San Diego Region - Enforcement Actions for July 2011
Enforcement Actions for July 2011
During the month of July 2011, the San Diego Water Board initiated the following enforcement actions:
Investigative Order Amendment (1)
Addendum to Water Code Section 13267 Requirements (1)
Notice of Noncompliance with Storm Water Enforcement Act of 1998 (5)
Staff Enforcement Letters (2)
Total (9)
In addition to the summary of recent regional enforcement actions provided below, access to information on violations, enforcement actions, and mandatory minimum penalties (MMPs) is available to the public from the following State Water Resources Control Board Internet webpages:
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/
INVESTIGATIVE ORDER (IO)
K Square Financial and Chevron, K Square Financial Property, Escondido
Addendum No. 2 to IO No. R9-2010-0021 was issued on July 14, 2011 to remove Mr. Kirin Shah and CAS & Co. as responsible parties and to revise the due date for the Site Assessment Report. The IO prescribes requirements to Mr. Kirin Shah, the owner and operator of KSquare Financial and CAS & Co., and Texaco/Chevron, former owner and operator of the Underground Storage Tanks, for submission of reports related to assessment and remediation of impacts to water quality and beneficial uses resulting from the unauthorized release of petroleum hydrocarbons. Mr. Shah’s entities were removed as responsible parties from the IO because there is no evidence that they had contributed to the petroleum contamination from 1995 to present. Soil and groundwater analytical results from the west side of the property implicating Chevron as the responsible party.
AMENDMENT TO WATER CODE SECTION 13267 REQUIREMENTS
Pardee Homes, Pacific Highlands Ranch Units 21-22, San Diego
An Amendment to Water Code section 13267 reporting requirements for Pardee Homes was issued on July 8, 2011. The original requirements were issued in April 2011 in response to violations observed at a construction site that included failure to prevent sediment-laden discharges, failure to implement erosion and sediment control best management practices (BMPs), and failure to implement good site housekeeping. The Amendment revised monitoring and reporting requirements in response to findings that stream conditions precluded collection of information previously required. The Amendment removed the requirement for receiving water quality monitoring and replaced bioassessment monitoring requirements with a requirement to provide a California Rapid Assessment Method (CRAM) analysis. The CRAM analysis is due August 5, 2011.
NOTICE OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998, SECOND NOTICE
Toyota Tsusho America, Inc.
A second Notice of Noncompliance was sent on July 12, 2011 to Toyota Tsusho America, Inc. for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ. The Notice is the second to inform the discharger that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject it to mandatory penalties. 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 NONCOMPLIANCE (NONC) WITH STORM WATER ENFORCEMENT ACT OF 1998, FIRST NOTICE
Multiple Parties
Notices of Noncompliance were sent in July 2011 to four parties for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ. The Notices are the first to inform the dischargers 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.
Parties Receiving 1st NONC
Palm Avenue Recycling: 1705 Palm Avenue, San Diego
Atlas Wood Products: 8075 Siempre Viva Road, San Diego
California Precision Products, Inc.: 6790 Flanders Drive, San Diego
Tayman Industries, Inc.: 5692 Eastgate Drive, San Diego
STAFF ENFORCEMENT LETTERS (SEL)
Ramona Landfill, Inc., Ramona
An SEL was issued to Ramona Landfill Inc. on July 6, 2011. During an inspection of the Ramona Landfill on June 17, 2011, inspectors observed contaminated green waste on two side slopes, which is a violation of Title 27 California Code of Regulations section 21090(a)(3)(A)(1).
Genentech, Inc., Oceanside
An SEL was issued to Genentech, Inc. on July 26, 2011 for one violation of exceeding the daily flow effluent limitation in Order No. R9-2003-0140 (Waste Discharge Requirements for IDEC Pharmaceuticals Corporation New IDEC Manufacturing Operations (NIMO) San Diego County).
