San Diego Region - Enforcement Actions for June 2011
Enforcement Actions for June 2011
During the month of June 2011, the San Diego Water Board initiated the following enforcement actions:
Expedited Payment Program for Mandatory Penalties (1)
Cleanup and Abatement Order (1)
Investigative Order (1)
Notice of Noncompliance with Storm Water Enforcement Act of 1998 (1)
Notices of Violation (1)
Staff Enforcement Letters (28)
Total (33)
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/
EXPEDITED PAYMENT PROGRAM FOR MANDATORY MINIMUM PENALTIES
American Recycling, San Diego
Order No. R9-2011-0054 was issued on June 27, 2011 by the Executive Officer to endorse American Recycling's participation in the Expedited Payment Program. To resolve the violation of failing to submit a Notice of Intent for coverage under the Statewide General Industrial Storm Water Program (Order No. 97-03-DWQ), American Recycling has submitted the Notice of Intent and agreed to pay the $5,000 mandatory minimum penalty required by Water Code section 13399.33. The Order was issued after a 30-day public comment period during which no comments were received.
CLEANUP AND ABATEMENT ORDER (CAO)
La Mesa Lumber Company, La Mesa
CAO No. R9-2011-0043 was issued to the La Mesa Lumber Company on June 1, 2011 to cleanup and abate the effects of an unauthorized release of petroleum hydrocarbons from the former La Mesa Lumber Company facility at 4981 Spring Street in La Mesa. The CAO requires La Mesa Lumber to cleanup groundwater, both on the property and beyond the property limits, to the extent technically practicable by June 27, 2016. A Corrective Action Plan is due August 26, 2011.
INVESTIGATIVE ORDER (IO)
Lockheed Martin Corporation, Lockheed Marine Terminal and Railway, San Diego
IO No. R9-2011-0026 was issued to the Lockheed Martin Corporation on June 3, 2011 to conduct an investigation of soil, groundwater, and bay sediments at the Lockheed Marine Terminal and Railway on Harbor Island Drive along San Diego Bay. A Site Assessment Workplan is due August 30, 2011. The final Site Assessment Report is due June 30, 2012.
NOTICE OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998
Federal Recycling, San Diego
A Notice of Noncompliance was sent on June 21, 2011 to Federal Recycling 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 (NOV)
Mission Bay Automotive, San Diego
NOV No. R9-2011-0055 was issued to Mission Bay Automotive on June 20, 2011 for failing to provide 12 quarterly reports required by Investigative Order No. R9-2008-0014.
STAFF ENFORCEMENT LETTERS (SEL)
America Plaza Owners Association, One America Plaza, San Diego
An SEL was issued to the America Plaza Owners Association on June 13, 2011 for one violation of the chronic toxicity effluent limitation in NPDES Order No. R9-2007-0034 (General waste discharge requirements for discharges from temporary groundwater extraction and similar waste discharges to San Diego Bay, tributaries thereto under tidal influence, and storm drains or other conveyance systems tributary thereto) that occurred in March 2011.
Multiple Parties, Category 1 Sanitary Sewer Overflow Violations
SELs were issued to eight enrollees of State Board Order No. 2006-0003-DWQ, Statewide Waste Discharge Requirements for Sanitary Sewer Systems, who reported Category 1 violations between January 2011 and March 2011. Category 1 violations include any discharge of sewage resulting from a failure in the sanitary sewer system that (a) is at least 1000 gallons; (b) results in a discharge to a drainage channel and/or surface water; or (c) results in a discharge to a storm drainpipe that is not fully captured and returned to the sanitary sewer system. Private lateral spills are not considered Category 1 spills. SELs were issued to the following collection system agencies:
Collection Systems (Municipalities): County of San Diego; City of Laguna Beach; and City of Oceanside
Collection Systems (Special Districts): Fallbrook Public Utilities District; Moulton Niguel Water District; Vallecitos Water District; and San Diego State University
Multiple Parties, Sanitary Sewer Overflow (SSO) Reporting Violations
SELs were issued to enrollees of State Board Order No. 2006-0003-DWQ, Statewide Waste Discharge Requirements for Sanitary Sewer Systems, who either failed to submit No-Spill Certificates or submitted late No-Spill Certificates between January 2010 and December 2010. No-Spill Certificates are required to be submitted for months during which no public spills were reported into the California Integrated Water Quality System on-line SSO reporting database. SELs were issued to the following collection system agencies:
SELs for Failure to Submit No-Spill Certificates:
El Toro Water District
City of Lemon Grove
City of San Juan Capistrano
SELs for Late Submission of No-Spill Certificates:
California State University, San Marcos
Irvine Ranch Water District
Valley Center Municipal Water District
City of Escondido
California Dept. of Parks and Recreation
Murrieta Municipal Water District
City of Chula Vista
City of Solana Beach
Eastern Municipal Water District
Olivenhain Municipal Water District
City of Coronado
City of San Juan Capistrano
