San Diego Region - Enforcement Actions for July 2013

Enforcement Actions for July 2013

Staff Contact: Chiara Clemente

During the month of July 2013, the San Diego Water Board issued the following enforcement actions:

Cleanup and Abatement Order (1)
Administrative Civil Liability Settlement (1)
Notices of Noncompliance with Storm Water Enforcement Act of 1998 (2)
Staff Enforcement Letters (1)

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:

https://www.waterboards.ca.gov/water_issues/programs/enforcement/

https://www.waterboards.ca.gov/water_issues/programs/ciwqs/publicreports.html

https://geotracker.waterboards.ca.gov/

Cleanup and Abatement Order

BAE Systems, San Marcos
On July 16, 2013, the San Diego Water Board issued Addendum No. 2 to Cleanup and Abatement Order (CAO) No. 88-89. The CAO was originally issued to Singer Corporation Electronic Systems Division and BAE Systems Information and Electronic Systems Integration, Inc. for remediation of the former BAE Systems Aerospace Facility at 1370 San Marcos Boulevard. Addendum No. 2 updates the cleanup levels for vinyl chloride in groundwater and for metals in soil.

Expedited Payment Letters

City of Oceanside
On July 12, 2013, the Executive Officer accepted Expedited Payment Letter (EPL) No. R9-2013-0107, with the City of Oceanside, in settlement of liability totaling $3,000 of mandatory minimum penalties pursuant to Water Code 13385(n)(1) for one violation of effluent limitations in NPDES Order No. R9-2011-0016; Waste Discharge Requirements for the City of Oceanside, San Luis Rey Water Reclamation Facility, La Salina Wastewater Treatment Plant and Mission Basin Desalting Facility Discharges to the Pacific Ocean via the Oceanside Ocean Outfall.

Notices of Violation

Temecula Recycling and Promethian Biofuels, Temecula
Notice of Violation No. R9-2013-0121 was issued to Temecula Recycling and Promethian Biofuels on July 9, 2013 for failure to implement structural and non-structural best management practices in accordance with NPDES Order No. 97-03-DWQ, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities.

Notices of Noncompliance with Storm Water Enforcement Act of 1998

Eritrean Leasing Cab Company, San Diego
A Notice of Noncompliance was sent to Eritrean Leasing Cab Company in San Diego on July 3, 2013 for failure to enroll in NPDES Order No. 97-03-DWQ, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. This Notice was the first to inform the discharger that, pursuant to Water Code section 13399.30(a), failure to enroll is subject to mandatory penalties. If a Notice of Intent to enroll is not submitted within 60 days of the first 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.

GM Materials, San Diego
A Second Notice of Noncompliance was sent to GM Materials in San Diego on July 2, 2013 for failure to enroll in NPDES Order No. 97-03-DWQ, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. Pursuant to Water Code section 13399.30(a), if a Notice of Intent to enroll is not submitted by August 2, 2013, 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. To date, GM Materials has not submitted their Notice of Intent.

Staff Enforcement Letters (SEL)

BAE Systems, San Diego Ship Repair
An SEL was issued to BAE Systems, San Diego Ship Repair on July 3, 2013 for late reporting, incomplete monitoring, unauthorized discharges, and effluent violations for copper and acute toxicity, in accordance with NPDES Order No. R9-2009-0080. The effluent violations are subject to mandatory minimum penalties pursuant to California Water Code Section 13385.