San Diego Region - Enforcement Actions for May 2011
Enforcement Actions for May 2011
During the month of May 2011, the San Diego Water Board initiated the following enforcement actions:
Expedited Payment Program Offer Acceptance (1)
Cleanup and Abatement Order (1)
Investigative Order (Addendum) (1)
Notice of Noncompliance with Storm Water Enforcement Act of 1998 (1)
Notices of Violation (2)
Staff Enforcement Letters (2)
Total (8)
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
On May 12, 2011, American Recycling accepted a conditional resolution and waived its right to a hearing (Acceptance and Waiver) regarding mandatory penalties for 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, rather than contest the alleged violation.
This tentative settlement is subject to a 30 day public comment period. If no comments are received within the notice period, the San Diego Water Board's Executive Officer will execute the Acceptance and Waiver as a stipulated order assessing the uncontested penalty amount pursuant to Water Code section 13399.33. If, however, significant comments are received in opposition to the settlement, this offer may be withdrawn. The comment period will close on June 16, 2011. Please contact Rebecca Stewart at 858-467-2966 or via email at rstewart@waterboards.ca.gov for more information.
CLEANUP AND ABATEMENT ORDER (CAO)
MV Universal and Unisys, Inc., Former Unisys Facility, Mission Viejo
CAO No. R9-2011-0029 was issued to MV Universal LLC and Unisys Inc. on May 17, 2011 for the cleanup of the Former Unisys Facility in Mission Viejo. Former facility operations resulted in the release of volatile organic compounds (VOCs) to the soil and groundwater. The CAO requires cleanup of the VOCs and monitoring of the cleanup process. A Remedial Action Plan is due on July 1, 2011, with implementation to begin by July 30, 2011. A Groundwater Monitoring Report is also due July 30, 2011.
INVESTIGATIVE ORDER (IO)
M & J Ramsey, Chevron Gas Station, Temecula
Addendum No. 3 to IO No. R9-2008-0066 was issued to the M & J Ramsey Corporation on May 23, 2011 to modify groundwater monitoring requirements for leaking underground storage tank discharges at the Chevron Gas Station at 27560 Jefferson Avenue, Temecula. The Addendum eliminates a requirement to analyze Total Petroleum Hydrocarbons as diesel in groundwater annually in the fourth quarter of the calendar year. The requirement was eliminated because diesel has not been detected in the groundwater at the site wince 2008. The IO was issued in May 2008.
NOTICE OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998
Damar Plastics, San Diego
A Notice of Noncompliance was sent on May 20, 2011 to Damar Plastics 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.
NOTICES OF VIOLATION (NOV)
Oakvale Park, Escondido
NOV No. R9-2011-0044 was issued to Mr. David Pack on May 18, 2011 for three violations of Order No. 88-64, Waste Discharge Requirements for Oakvale Park, San Diego County. Cited violations include the discharge of effluent to the ground surface, failure to report the discharge to the ground surface, and failure to submit the 2010 annual report. The discharges were observed on April 21, 2011 during a site inspection in response to a complaint regarding surfacing of effluent in a leach field.
K Square Financial and Chevron Management, Escondido
NOV No. R9-2011-0030 was issued to K Square Financial and Chevron Environmental Management on May 18, 2011 for failure to provide a complete Site Assessment Workplan as required by IO No. R9-2010-0021. The IO was issued on May 17, 2010 for the investigation of discharge of petroleum waste into the subsurface at the KSquare Gas Station located at 1602 East Valley Parkway, Escondido, CA. The Site Assessment Workplan was due on April 30, 2011.
STAFF ENFORCEMENT LETTERS (SEL)
U.S. Marine Corps Base Camp Pendleton, Southern Region Tertiary Treatment Plant
An SEL was issued to the U.S. Marine Corps Base Camp Pendleton on May 23, 2011 for one violation of the daily maximum discharge specification for nitrogen in Order No. R9-2009-0021 during March 2011.
Southern California Edison, Temecula
An SEL was issued to Southern California Edison on May 4, 2011 for an unauthorized discharge of fill to an unnamed tributary to Murrieta Creek near Santiago Road, Temecula. The fill material was placed on March 4 and March 24, 2011 in order to protect an exposed power line. Southern California Edison requested retroactive enrollment in the general Clean Water Act water quality certification for emergency discharges. The request was denied because it did not meet the terms of the general certification.
