San Diego Region - Enforcement Actions for February 2012

Enforcement Actions for February 2012

During the month of February 2012, the San Diego Water Board initiated the following enforcement actions:

Administrative Civil Liability (ACL) Complaint (1)
Expedited Payment Program for Mandatory Minimum Penalties (1)
Notice of Violation (1)
Staff Enforcement Letters (4)
Total (7)

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/

ADMINISTRATIVE CIVIL LIABILITY (ACL) COMPLAINT

Sanitary Sewer Overflow, Oceanside
ACL Complaint No. R9-2012-0036 was issued to the City of Oceanside on February 22, 2012 in the amount of $1,572,850 for violations resulting from the discharge of 5,349,000 gallons of raw sewage to Buena Vista Creek, Buena Vista Lagoon, and the Pacific Ocean from December 23-28, 2010.  A hearing on the matter is tentatively scheduled for May 9, 2012.  Public comments on the proposed liability will be accepted through April 20, 2012.  

EXPEDITED PAYMENT PROGRAM FOR MANDATORY MINIMUM PENALTIES

Sweetwater Authority, Richard Reynolds Desalination Facility
Order No. R9-2012-0035 was issued on February 9, 2012 by the Executive Officer to endorse the Sweetwater Authority’s participation in the Expedited Payment Program for mandatory minimum penalties.  To resolve five effluent violations subject to mandatory penalties, Sweetwater Authority agreed to pay the $15,000 mandatory minimum penalty required by Water Code section 13385(h).  The Order was issued after a 30-day public comment period during which no comments were received.

NOTICE OF VIOLATION (NOV)

The Burnett Group, Anza
An NOV was issued to the Burnett Group for violations associated discharges of fill material without applying for waste discharge requirements or a Clean Water Act section 401 water quality certification.  The violations were noted during a site inspection on December 14, 2011 at property known as Tentative Parcel Map No. 36327 near Anza, Riverside County.

STAFF ENFORCEMENT LETTERS (SEL)

LDG Holdings, LLC, Lake San Marcos Nutrient Impairment Investigation
An SEL was issued to LDG Holdings, LLC on February 6, 2012 for submitting a workplan for the Lake San Marcos nutrient impairment investigation that failed to meet the requirements in Investigative Order No. R9-2011-0033. 

Fairbanks Ranch Community Services District
An SEL was issued to the Fairbanks Ranch Community Services District on February 16, 2012 for two violations of the 30-day average discharge specification for total dissolved solids in Order No. 93-05 that occurred between October 2010 and September 2011.

Lilac Enterprises, Inc., Hideaway Lake Mobile Home Estates
An SEL was issued to Lilac Enterprises, Inc. on February 14, 2012 for two violations of the daily maximum discharge specifications for biochemical oxygen demand and chloride in Order No. 93-27 that occurred between July 2010 and December 2011.

Warner Estates Homeowner Association
An SEL was issued to the Warner Estates Homeowner Association on February 10, 2012 for one violation of the 12-month average effluent limitation for total dissolved solids in Order No. 93-14 that occurred in September 2011.