San Diego Region - Enforcement Actions for May 2013

Enforcement Actions for May 2013

Staff Contact: Chiara Clemente

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

Settlement Agreement and Stipulation for Order (1)
Expedited Payment Letters (2)
Notices of Violations (3)
Notices of Noncompliance with Storm Water Enforcement Act of 1998 (2)
Staff Enforcement Letters (6)

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/

In addition to the summary information provided below, access to information on violations, enforcement actions, and mandatory minimum penalties (MMPs) is available to the public from the State Water Resources Control Board Internet webpage at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/

Settlement Agreement and Stipulation for Order 

City of San Diego, Pump Station 64 Sewer Spill
On April 23, 2013, the Executive Officer issued Cleanup and Abatement Order No. R9-2013-0009 to Rancho Guejito Corporation (RGC), pursuant to Water Code sections 13267 and 13304.  On or about July 25, 2011, RGC graded a new approximately 6,000 foot (1.14 miles) long road through the property.  Grading disturbed 8.59 acres of which 6.49 acres were designated as critical habitat for the Arroyo Toad.  The placement of fill impacted 0.04 acre of non-wetland waters of the United States (0.08 acre of waters of the state) and 367 linear feet of streambed.  This Order directs the Rancho Guejito Corporation to clean up and abate the effects of the unauthorized discharge of debris, sediment, and fill to Guejito Creek and its unnamed tributaries, and to submit technical reports to the San Diego Water Board.

Expedited Payment Letters

In February of 2011, the Board endorsed the use of Expedited Payment Letters (EPLs) as an alternative to the formal complaint process for resolving mandatory penalties.  If a discharger agrees to the settlement offer, the signed agreement is publicly noticed for a 30-day comment period to comply with federal regulations regarding settlement of Clean Water Act violations. If after 30 days the Board receives no substantive comments in objection to the settlement agreement, the Executive Officer has the delegated authority to approve and finalize the settlement order.  The following is a list of recently approved EPLs.

Atlas Wood Products, San Diego
On May 2, 2013, the Executive Officer accepted EPL No. R9-2013-0024, with Atlas Wood Products, in settlement of liability totaling $1,500 of mandatory penalties pursuant to Water Code 13399.33 for failing to submit an annual report in accordance with NPDES Order No 97-03-DWR; State Water Resources Control Board General Permit For Storm Water Discharges Associated With Industrial Activities. 

Notices of Violation

City of Escondido
Notice of Violation No. R9-2013-0063 was issued to the City of Escondido on May 13, 2013 for failure to obtain a Clean Water Act Section 401 Water Quality Certification (Certification) prior to discharging dredged or fill material (waste) to waters of the US and/or State.  By letter dated February 21, 2013, the City of Escondido reported that its maintenance staff had conducted vegetation and sediment removal in approximately 270 linear feet of concrete lined channel without obtaining Certification for the project.

Eileen Rivard, Temecula
Notice of Violation No. R9-2013-0085 was issued to Eileen Rivard on May 13, 2013 for failure to file a Report of Waste Discharge and failure to comply with Basin Plan Prohibitions 1 & 14.  The land owner, Eileen Rivard, cleared and filled approximately 0.028 acres (400 linear feet) of waters of the State to construct a vineyard without proper authorizations. The fill resulted in discharges of waste into a tributary to Santa Gertrudis Creek.  This violation was identified through a compliance inspection on March 28, 2013.

Notice of Noncompliance with Storm Water Enforcement Act of 1998

AMSWEDE Recycling Inc., Chula Vista
A Notice of Noncompliance was sent to AMSWEDE Recycling Inc. in Chula Vista on May 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.

Staff Enforcement Letters (SEL)

University of California San Diego, Scripps Institution of Oceanography
An SEL was issued to Univeritsy of California San Diego, Scripps Institution of Oceanography on May 1, 2013 for violation of the Chronic Toxicity Daily Maximum Effluent Limitation at Outfall No. 3 on July 9, 2012, in accordance with NPDES Order No. R9-2005-0008.

County of San Diego, Pine Valley Sewage Treatment Plant
An SEL was issued to the County of San Diego, Pine Valley Sewage Treatment Plant on May 6, 2013 for violations of the 12-Month Average Effluent Limitation of Total Dissolved Solids in January, July, and October 2012, in accordance with Waste Discharge Requirements (WDR) Order No. 94-161.

All Seasons RV Park and Campground, Escondido
An SEL was issued to the All Seasons RV Park and Campground in Escondido on May 6, 2013 for violations of the Daily Maximum Effluent Limitation of Biological Oxygen Demand (BOD) in February, April, May, June, and July 2012, in accordance with WDR Order No. 94-05.

City of San Diego, North City Water Reclamation Plant
An SEL was issued to the City of San Diego, North City Water Reclamation Plant on May 23, 2013 for violations of the 12-Month Average Effluent Limitation of Manganese in February and March 2013, in accordance with WDR Order No. 97-03.

City of San Diego, South Bay Water Reclamation Plant
An SEL was issued to the City of San Diego, South Bay Water Reclamation Plant on May 23, 2013 for violations of the 30-Day Average Effluent Chloride Limitation in February and March 2013, in accordance with WDR Order No. 2000-203.

Rainbow Municipal Water District
An SEL was issued to the Rainbow Municipal Water District on May 31, 2013 for submittal of an incomplete Notice of Intent (NOI) to enroll in the Conditional Waiver of Waste Discharge Requirements for Agricultural and Nursery Operations (Ag Waiver).  The NOI did not provide a detailed description of irrigation, storm water runoff, nutrient, pesticide, erosion control, composting, and other site-specific management measures or best management practices, in accordance with Section 4.I.B.8.d of the Ag Waiver.