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ENFORCEMENT RESOURCES

State Water Board Office of Enforcement – Examples

Significant Enforcement Actions Addressed By Attorneys in the Office Of Enforcement

The following cases are listed by the highest dollar amount first. After those cases enforcement matters imposing time schedule orders, cease and desist orders and cleanup and abatement orders are featured. These cases are examples of matters in which the Office of Enforcement (OE) attorneys had an important role in the outcome. OE attorneys will now be the primary legal counsel working with the prosecution teams in all of the Regional Boards.

$19.5 Million in Judicial Civil Liability Lodged Against Equilon Enterprises LLC (Equilon) For Underground Storage Tank Violations

In 2006, the Attorney General’s Office, in conjunction with the State Water Board’s UST Enforcement Unit, began investigating Equilon’s compliance with UST construction and monitoring requirements. The Attorney General’s Office initiated its investigation after receiving information regarding violations in Riverside and San Diego counties which had been settled by their respective District Attorney’s Offices for multimillion dollar penalties and compliance work.

The case was not referred to the Attorney General’s Office by the State Water Board and the State Water Board did not participate as a client agency, however, our UST enforcement staff and attorneys invested significant resources in assisting the Attorney General’s Office in the development of this case. As the investigation progressed, other prosecuting offices and regulatory agencies (primarily local agencies including certified unified program agencies (CUPAs)) assisted in the investigation.

The investigation revealed that Equilon had minor to moderate UST violations at a representative sample of 20 of its UST facilities. For example, Equilon often failed to perform annual testing within the required time frame, and had inadequate monitoring and containment at a number of facilities.

The Attorney General’s Office has reached a settlement agreement with Equilon that would resolve all outstanding UST and other hazardous waste and hazardous materials violations at each of Equilon’s approximately 500 UST facilities in California based on the findings at the representative sample. The settlement is expected to have a total value of $19,500,000, broken down as follows:

  • $5 million to the State Water Pollution Cleanup and Abatement Account;
  • $5 million to the Attorney General’s Office, Litigation Deposit Fund;
  • $7.8 million to be split among various District Attorney’s Offices and CUPAs;
  • $1.7 million in attorney’s fees, costs, and restitution with $100,000 going to the UST Cleanup Fund to partially cover the State Water Board’s enforcement costs.

In addition, Equilon is ordered to comply with UST leak prevention statutes.


$6.2 Million in Judicial Civil Liability Against the City of Long Beach For Underground Storage Tank Violations (State Water Board)

The Office of Enforcement initiated an investigation of the City of Long Beach’s compliance with leak prevention requirements which culminated in the entry of a consent judgment against the city in December, 2009 in the amount $6.2 million.  The judgment addressed pervasive violations by the City of regulations concerning the storage of hazardous substances in underground storage tanks.  This enforcement action was the first of its kind against a public agency by the State Water Board.  Attorneys in the Office of Enforcement participated in the organization of the litigation and the negotiation and drafting of the consent judgment.

Since approximately 2003, the City of Long Beach had failed to perform required testing and monitoring, and failed to install leak prevention equipment at 40 of its underground storage tank facilities, many of which are located at City fire and police stations.  At one facility located near the ocean, the City failed to stop to a release of petroleum constituents that had been ongoing for several years.  The judgment did not resolve any liability or responsibility that the City has to cleanup leaks of hazardous substances from its tank systems.

Under the terms of the consent judgment, the City will pay $1.5 million in penalties, in addition to $200,000 in reimbursement for the State Water Board’s costs of enforcement.  The City is also required to provide $2.5 million in financial assurance which will become due and payable to the State Water Board if the City violates the underground storage tank laws again during the next five years.  The City did not deny responsibility for the violations.

The City will receive $2 million in credit against additional penalties for actions it took after the initiation of enforcement to enhance compliance at its tank facilities above existing requirements, including the development of a comprehensive Compliance Management Program designed to prevent future noncompliance through careful oversight and tracking of environmental obligations.

In order to send the message to other underground tank owners and operators that this type of violation is significant and will not be tolerated, the judgment required the City to take out a full page mea culpa advertisement in the Sunday Edition of the Long Beach Press Telegram.

$2.75 Million in Liability Imposed Against Northstar Mountain Properties, LLC, For Storm Water and Waste Discharge Permit Violations (Region 6)

Attorneys with the Office of Enforcement represented Lahontan Regional Water Quality Control Board (Lahontan Water Board) enforcement staff in negotiating a $2.75 million settlement with Northstar Mountain Properties, LLC (NMP) for alleged storm water permit and waste discharge violations that occurred throughout the 2006 construction season. On March 11, 2000, the Lahontan Water Board adopted Administrative Civil Liability Order R6T-2009-0012 approving the settlement and imposing $2.75 million in liability. This is the largest liability ever imposed by the Lahontan Regional Water Quality Control Board for storm water compliance violations associated with construction projects.

In 2006, the Lahontan Water Board documented numerous violations at a planned development of approximately 325 acres within the existing Northstar Resort Community. The violations related to NMP’s failure to adequately install and maintain storm water controls, some of which eventually led to discharges of sediment-laden storm water runoff into area surface waters during rainfall events, and compliance with Lahontan reporting requirements.

Under the terms of the settlement, NMP has agreed to pay $500,000 to be distributed between the State Water Resource Control Board’s Cleanup and Abatement Account (80%) and Waste Discharge Permit Fund (20%). The remaining $2,250,000 will fund a major supplemental environmental project which will focus on watershed improvements within the Martis Valley area. In addition to water quality and habitat improvement, the project will ultimately result in a technology transfer to land managers within the Sierra Nevada through a “Watershed Evaluation, Treatment and Monitoring Handbook” and through a “Forest Fuels Treatment/Water Quality Protection Handbook.”

$2,450,000 in Administrative Civil Liabilities Assessed Against the City of Stockton for Illegal Discharge of Wastewater (State Water Board)

At the request of the Executive Officer of the Central Valley Regional Water Quality Control Board, the Office of Enforcement investigated and prosecuted an administrative enforcement action before the State Water Board for the illegal discharge of 8.7 million gallons of partially treated effluent by the City of Stockton.  OE’s investigation concluded that while the direct cause of the discharge was the improper wiring of the diversion gate, the magnitude of the discharge was exacerbated by inadequate levels of staffing, preventive and corrective maintenance, and training being provided at the City’s WWTP.

Office of Enforcement attorneys negotiated a stipulated administrative civil liability order in the amount of $2,425,000 which was allocated as follows:

  • $1,000,000 in credit against civil liability for costs of “Phase I” staffing increases incurred by the City, subject to the City providing adequate information that these staffing increases were not contemplated prior to the initiation of our enforcement action and are not otherwise required by law;

  • $1,000,000 in credit against civil liability for “Phase II” staffing increases to be incurred by the City over the next three years, subject to the same condition described above;

  • $75,000 to be expended by the City on:
    • Retaining a neutral third party to review the City’s plant operations and optimization efforts on an annual basis for three years following execution of the settlement agreement and submit reports on its findings to the State and Regional Water Boards; and
  • $350,000 in civil liability paid to the Cleanup and Abatement Account.


$1.6 Million in Liabilities Assessed Against the Sewerage Agency of Southern Marin for Discharge of Wastewater into Richardson Bay (Office of Enforcement/Region 2)

The Office of Enforcement’s Special Investigation Unit staff investigated two major discharges of untreated and partially treated wastewater into Richardson Bay. The Office of Enforcement worked collaboratively with San Francisco Bay Regional Water Quality Control Board (Regional Water Board) enforcement staff to develop this enforcement action. Attorneys with the Office of Enforcement represented the enforcement team in negotiating a settlement that includes the assessment of $1,600,000 in administrative civil liability.The settlement was adopted by the Regional Water Board in Administrative Civil Liability Order No. R9-2009-0026 issued on April 8, 2009.

The Sewerage Agency of Southern Marin (Agency) discharged 2.45 million gallons of untreated sewage into Richardson Bay on January 25, 2008, and an additional 962,000 gallons of treated but undisinfected wastewater to Pickleweed Inlet, a tributary to Richardson Bay, on January 31, 2008. The Agency will pay liabilities of $800,000 to the Cleanup and Abatement Account. The settlement allows an additional $800,000 to be spent on completion of two supplemental environmental projects in the watershed: 1) a five-year $600,000 private sewer lateral replacement project that will replace pipes that carry sewage from homes to the agency-owned collection system; and 2) $200,000 to implement Phase One of the Richardson Bay Audubon Sanctuary’s Aramburu Island Clean Up, Restoration, and Enhancement Project.

$1,335,000 Administrative Civil Liability Assessed Against the City of Escondido for MMP Violations Following Remand by SWRCB Because Prior "Settlement" Was Deficient (Region 9)

Senior Enforcement Counsel represented the Prosecution Team in the negotiation of a settlement of violations by the City of Escondido.Based on the settlement, the City of Escondido agreed to pay mandatory minimum penalties of $1,335,000. Enforcement Counsel worked with the Prosecution Team to successfully deflect efforts by a citizens group to allocate a portion of the monetary settlement to an ill-defined supplemental environmental project.

The mandatory minimum penalties addressed effluent limit violations.

An earlier settlement was rejected by the State Water Board based on the fact that the Regional Board did not properly consider the application of mandatory minimum penalties to the alleged violations. The matter was remanded back to the San Diego Regional Board for further consideration.

$1,250,000 Administrative Civil Liability Assessed Against ECO Resources for Inadequate Operation of Waste Water Treatment Plants (State Water Board)

On January 28, 2011, a stipulated administrative civil liability order was entered against ECO Resources, Inc. (ECO), a registered contract operator with the State Water Board that provides operations and maintenance for publicly-owned wastewater treatment facilities.  The order, based on an investigation by the Office of Enforcement, addressed alleged violations associated with ECO’s operation of the following wastewater treatment plants (WWTP): City of Corning WWTP; City of Willows WWTP; City of Winters WWTP; Discovery Bay WWTP; City of Rio Vista, Trilogy WWTP; City of Rio Vista, Beach WWTP; Cypress Ridge WWTP; Tejon Industrial Complex WWTP; Lamont Public Utilities District WWTP; Taft Federal Prison WWTP; City of Taft WWTP; San Simeon Community Services District WWTP; and City of Santa Paula WWTP.

ECO allegedly had permit violations that were attributable to improper or inadequate operation including poor operation and maintenance, inadequate staffing, insufficient training, and monitoring and reporting problems.  Nearly all of the inspected WWTPs had effluent limitation violations caused by improper or inadequate operations, and all of the facilities were in violation of reporting requirements.

In response to the alleged violations, OE initiated disciplinary actions against several operators employed by ECO.  In addition to the disciplinary actions against individual operators, OE engaged in prefiling discussions with ECO regarding allegations of  (1) failing to use reasonable care in the management or operation of WWTPs; (2) negligently causing or allowing violations of waste discharge requirements, and (3) directly violating waste discharge requirements for those facilities where ECO was included as a permittee.

The principle terms of the settlement are:

$1,000,000 in civil liability, allocated as follows:

  • $500,000 paid within 30 days of issuance of the Stipulated Order to the Cleanup and Abatement Account.
  • $500,000 in credit against civil liability for enhanced compliance costs associated with:
    - Implementation of environmental software programs to permit ongoing tracking of operations and compliance with effluent limitations;
    - Development and implementation of a written field operation compliance plan; and,
    - Development and implementation of software to track WWTP maintenance activities.

$250,000 in reimbursement for staff costs, paid to the Cleanup and Abatement Account within 180 days of issuance of the Stipulated Order.

The settlement specifically did not resolve any potential liability for Mandatory Minimum Penalties under Water Code sections 13385(h), 13385(i), or 13385.1.

$1,200,000 Civil Judgment Entered Against E2C Remediation for Alleged Fraud Against Underground Storage Tank Cleanup Fund (State Water Board).

The Office of Enforcement lead an investigation of E2C Remediation, Inc. (E2C) which resulted in a civil judgment of $1.2 million to resolve allegations of submitting fraudulent reimbursement requests to the Underground Storage Tank Cleanup Fund (Fund) between 2005 and 2008.   The enforcement action was the first of its kind by the State Water Board. The State Water Board was represented by the Attorney General’s Office and Office of Enforcement attorneys assisted in the organization and settlement of the litigation.

Under the terms of the judgment, the Fund will retain just over $465,000 that was withheld from E2C during the Water Board’s investigation, and E2C will pay the Fund an additional $450,000 through additional withholdings from future reimbursement requests.  In addition, E2C will pay $50,000 in penalties for engaging in unfair business practices.

TThe settlement suspends an additional $250,000 in penalties for three years, which will become due if E2C violates specifically enumerated water quality protection laws, or submits any further fraudulent claims to the Fund.

The civil case comes on the heels of a criminal case against the President of E2C, Philip Goalwin, brought by the Attorney General’s Office in 2007.  In that case, Mr. Goalwin pleaded no contest to one misdemeanor count of submitting fraudulent claims to the state and paid $9,586.69 in restitution.  Mr. Goalwin also received three years of informal probation and was ordered to serve 354 hours of community service.

$1,200,000 Administrative Civil Liability Against Greka Oil & Gas, Inc. for Violations of Cleanup Requirements (Region 3)

On May 13, 2010, the Central Coast Water Board adopted an order accepting a settlement agreement with Greka Oil & Gas, Inc., regarding allegations that Greka violated cleanup requirements applicable to numerous oil-impacted soil piles in the Santa Maria area.  The settlement was negotiated by OE attorneys representing the staff prosecution team.

The order imposes overall liability of $1.2 million.  It requires Greka to pay $400,000 to the Water Board within 30 days, and proceed with reusing or disposing of approximately 70,000 cubic yards of oily dirt generated from its petroleum excavation operations.  If Greka fails to meet deadlines in the agreement, additional penalties of up to $800,000 will become due.   The agreement allows Greka to reuse most of the soil piles for asphalt it intends to apply on roads throughout its oilfield properties in Santa Barbara County.  Oil-impacted soil piles commonly result from efforts to clean up oil spilled on the ground or in creeks.

This settlement does not directly address Greka’s liability for oil spills.  The Central Coast Water Board referred these matters to the California Attorney General's Office for civil liability.  A lawsuit was filed in March, 2010 in Santa Barbara Superior Court.

$1.1 million Civil Judgment Entered Against Big Oil & Tire Co.(Big Oil) and Richard W. Pomhren

This consent judgment resulted from a joint action by the California Attorney General's Office, the State Water Resources Control Board (Board), and the Humboldt County District Attorney for alleged monitoring and construction violations at ten underground storage tank facilities owned and operated by Big Oil in Humboldt County.

Plaintiffs contended that Big Oil failed to comply with leak prevention construction and monitoring standards to ensure that hazardous substances stored in tanks do not leak and pollute groundwater resources.  Specifically, the plaintiffs alleged that Big Oil failed to  perform secondary containment testing, failed to repair secondary containment systems, failed to comply with overfill prevention requirements, failed to conduct 10-year lining inspections, and failed to perform cathodic protection testing.  In addition, plaintiffs asserted that defendants had a history of noncompliance with their underground storage tank facilities beginning in 2000 and continuing through 2008.

A consent judgment and permanent injunction was entered on March 30, 2010 based upon a stipulation by the parties.  Under the consent judgment and permanent injunction, Big Oil is to pay $225,000 to the Board and Humboldt County over a period of five years.  In addition Big Oil is to pay $50,000 to the Board, Humboldt County and the California District Attorney’s Association for reimbursement of enforcement costs, including attorney’s fees.  Big Oil will receive $418,000 in credit against additional penalties for improvements to its underground storage tank systems that exceed those required by law. The settlement suspends an additional $407,000 in penalties for a period of five years, provided that Big Oil does not violate certain enumerated leak prevention requirements.

$1,100,000 Liability Assessed Against Ametek, Inc. for Failure to Comply With 2002 Cleanup and Abatement Order to Cleanup Groundwater Plume (Region 9)

Office of Enforcement counsel represented the Region 9 Board staff in negotiating a $1.1 million civil liability against Ametek, Inc. for failing to comply with a 2002 CAO.  In the process, OE attorneys were able to broker a revised and updated stipulated cleanup and abatement order which includes “tightened up” language on water quality protection and cleanup milestone objectives.  OE attorneys also defended staff depositions and responded to a number of written discovery demands made by the discharger before reaching agreement on a stipulated order.

TThe stipulated ACL Order provides that $600,000 will be paid to the Cleanup and Abatement Account within 30 days of its entry, with the remaining $500,000 in liabilities being suspended, and permanently waived if a complete investigation and characterization report is submitted by a date certain, and if a remedial action plan is implemented with a definite period of time thereafter.  The solvent plume migrating from the former Ametek site contains some of highest concentrations of TCE and other solvents found in groundwater in Region 9.  Due to the shallow groundwater and the contaminants of concern tending to volatize easily, the Site also poses a human health danger to nearby businesses and a school.  Accordingly, staff placed a very high priority on a quick and effective cleanup and the negotiation of an effective and updated cleanup and abatement order.

$1,095,000 Liability Assessed Against Cities of Vista and Carlsbad for Illegal Discharge to Buena Vista Lagoon (Region 9)

In a proceeding that went more than 3 hours, the San Diego Regional Water Board effectively directed modification of a proposed settlement to give more to an SEP and less for a civil liability. The ACL complaint sought $1.095 million for a raw sewage spill. This was the second Board presentation on this case. At a previous Board meeting, enforcement staff presented a settlement that would have settled matter for $700,000 with sent $200,000 to the Waste Discharge Permit Fund (penalty) and $500,000 to a significant restoration project. The Board rejected that settlement stating that they needed more information. The prosecution team negotiated further and dischargers raised the settlement amount by $395,000. OE counsel negotiated a revised settlement of $595,000 in penalties and $500,000 for a supplemental environmental project (SEP). Even though the Executive Officer, as advisor to the Regional Board supported OE’s arguments to limit the SEP to less than 50 percent, the Board did not approve the settlement as presented.  Instead, after public comment and hearing, the Board moved the additional $395,000 from payment as a penalty to payment for a SEP. This case occurred before adoption of the new SEP Policy.

The Cities of Vista and Carlsbad were alleged to be liable for 7.3 million gallon discharge of untreated sewage from a broken sewer main to Buena Vista Lagoon in San Diego County.

$725,000 in Judicial Civil Liability against Southern California Gas Company and the County of Los Angeles (Region 4)

The Office of Enforcement participated in settlement discussions and developed settlement language to resolve a civil liability matter referred to the California Attorney General’s Office by the Los Angeles Regional Water Board against Southern California Gas Company and the County of Los Angeles for construction activities occurring in Sullivan Canyon in Los Angeles County. This is the first case prosecuted by the Attorney General’s Office pursuant to the Regional Board’s Enforcement Pilot Project with the Attorney General’s Office.

As part of its overall liability of $525,000, So Cal Gas will pay $100,000 to fund a Supplemental Environmental Project entitled “Stone Creek Restoration” to be operated by the Bay Restoration Foundation. The remaining $425,000 will be paid to the Cleanup and Abatement Account. Of its overall liability of $200,000, the County of Los Angeles paid $100,000 to the Cleanup and Abatement Account and was able to apply restoration costs of $100,000 as a credit against its civil liability.   

The action was triggered by the construction of an access road from the Sullivan Canyon Debris Basin heading north, into Sullivan Canyon, which is a violation of the Clean Water Act, Section 401, and the California Water Code, Section 13260 et seq. It appeared that the road was being constructed with material removed from the Sullivan Canyon Debris Basin which is maintained by Los Angeles County of Public Works (LACDPW) and the Southern California Gas Company (SCG).  The access road either covered or diverted Sullivan Canyon Creek through the majority of the lower floodplain within the canyon and the road crossed the creek at several locations further north. At the time of the visit, water was flowing within the creek and through the road under construction. The road extends approximately ¾ of a mile. In addition, sediments were stockpiled on the sides of the road, within the creek itself, and within vegetated riparian areas. The settlement was lodged in the Superior Court of Los Angeles on September 15, 2009.

$685,000 Administrative Civil Liability against the North County Transit District (Region 9)

Senior Enforcement Counsel from OE presented the Prosecution Team in a contested matter. After hearing, the San Diego Regional Board awarded liability in the amount of $685,000 as follows:

$5,000 per day for failing to implement a Storm Water Pollution Prevention Plan for 112 days of violation of Order No. 99-08-DWQ Section C.2. for a total of $560,000; and
 
$5,000 per discharge for 25 discharges of sediment to waters of the United States in violation of Water Code Section 13376 and Order No. 99-08-DWQ Section A.2. for a total of $125,000.

The NCTD failed to implement its Storm Water Pollution Prevention Plan (SWPPP) by failing to install and maintain adequate Best Management Practices (BMPs) in violation of Order No. 99-08-DWQ section C.2 on at least 112 days, October 5, 2007 through January 25, 2008. The inspection reports document (1) widespread lack of any BMPs when BMPs were essential as sediment discharge preventive measures; (2) widespread lack of BMP maintenance or inadequate BMPs; and (3) numerous locations where discharges to storm drains and directly to receiving waters occurred as the direct result of either no BMPs or inadequate BMPs being in place. The inspection reports included photo documentation of the direct connection between inadequate BMPs and sediment discharges.

$680,278 Administrative Civil Liability against the City of San Diego (Region 9)

In a contested proceeding, the City of San Diego was assessed $680,278 for the release of 381,185 gallons of untreated sewage to Lake Hodges for five days from August 20 through August 24, 2007.

Lake Hodges is a domestic water supply reservoir for communities in north San Diego County served by the Santa Fe Irrigation District and San Dieguito Water Districts. The maximum statutory penalty the Board could have assessed is $3,811,850. The board added $60,000 in liability to the amount requested by the enforcement staff but ordered that additional amount be suspended if the city reimbursed water districts that use the lake for water they purchased after they shut down their pumps to avoid the pollution. The paid administrative liability is $620,278 to the Cleanup and Abatement Account if the suspended penalty is excluded from the total liability assessment.

$600,000 in Administrative Civil Liability Against ConocoPhillips Company For Illegal Discharges into San Pablo Bay (Region 2)

Attorneys with the Office of Enforcement represented the San Francisco Bay Regional water Quality Control Board (Regional Water Board) enforcement staff in negotiating a $600,000 settlement with ConocoPhillips Company (ConocoPhillips) for alleged National Pollutant Discharge Elimination System (NPDES) permit effluent limit violations.  The alleged violations of effluent limitations include ten violations of acute toxicity limitations, nine violations of selenium limits, one violation for copper limits and one violation for chlorine residual limits.

ConocoPhillips will pay penalties of $310,000 to the State Water Resources Control Board’s Cleanup and Abatement Account.  The settlement agreement allows the remaining $290,000 in liability to be suspended upon completion of a Supplemental Environmental Project (SEP) in the amount of $190,000 and an Enhanced Compliance Action (ECA) in the amount of $100,000.  The SEP is a fish passage improvement and restoration project on Pinole Creek.  The ECA requires the installing and upgrading of specific components of the facilities where the violations occurred that are designed to prevent further future violations of a similar character.  It is anticipated that the cost of completing the ECA will exceed the liability being suspended under the settlement agreement terms.

The Settlement Agreement was adopted as Regional Water Board Order No. R2-2010-0103 and can be accessed through the following document:

$570,000 in Judicial Civil Liability and Enforcement Costs against The Boeing Company and Stipulated Minimum Penalties for Future Violations (Region 4)

On June 2, 2010, the Ventura County Superior Court entered a consent judgment against The Boeing Company for violations of effluents limitations associated with its permitted discharges at its facility in Santa Susana.  Attorneys from OE and OCC participated in the settlement negotiations and drafted key provisions of the consent judgment.

The judgment imposes $500,000 in civil liabilities and an additional $70,000 for the reimbursement of enforcement costs and attorneys fees.  $200,000 will be paid to the Cleanup and Abatement Account and $300,000 will be suspended pending the implementation of a SEP paid for by Boeing.  The SEP involves the development by the Southern Calfiornia Coastal Waters Research Project (SCCWRP) of a Watershed Modeling Project and an optimal set of best management practices for use by storm water management agencies.  The judgment also requires Boeing’s compliance with its NPDES permit and provides for stipulated minimum penalties that will be assessed on an escalating scale for certain future effluent limit violations.

$530,000 in Administrative Civil Liability against OG Property Owner, LLC (Region 2)

On June 15, 2010, the Executive Officer of the San Francisco Bay Region approved a stipulated administrative civil liability order for $530,000 to address violations of the state-wide General Permit for Storm Water Discharges Associated with Construction Activity, Water Quality Order 99-08-DWQ.  Counsel from OE was instrumental in achieving the negotiated resolution.

The enforcement action involved the Wilder Project which is owned by OG Property Owner, LLC, and is comprised of 985 acres in Orinda, California.  On October 10-11, 2007, an uncapped sub-drain pipe discharged 6,000 cubic feet of sediment-laden storm water runoff to Brookside Creek.  The initial discharge was exacerbated on October 13, 2007, when about 55,000 gallons of turbid chlorinated potable water from EBMUD lines, which was mixed with concrete wash-water, were pumped out of a dust control pond into the creek.

$434,561 in Administrative Civil Liability against Ashby, USA (Roripaugh Ranch Residential Development) (Region 9)

Office of Enforcement counsel represented Region Board enforcement staff in a contested administrative civil liability proceeding against Ashby. USA. After hearing, the San Diego Regional Board issued an order imposing an administrative civil liability of $434,561.

Ashby USA failed to comply with conditions of its Technically-conditioned certification related to mitigation projects associated with its construction and development of 800 acres in Temecula. Most significant was its failure to implement mitigation measures associated with 1.85 acres of impact within Santa Gertrudis Creek and Long Valley Wash.

$412,900 Administrative Civil Liability Assessed Against the Thomas E. Erickson Trust and Mohammad Ahmad for failure to comply with a Cleanup and Abatement Order mandating investigation and remediation of petroleum releases at the Tahoe Tom's Gasoline Service Station in South Lake Tahoe (Region 6)

Counsel from the Office of Enforcement represented the Lahontan Regional Board Prosecution Team in a contested hearing on October 14, 2009 after which the Lahontan Regional Board imposed $412,000 in civil liability on the Thomas E. Erickson Trust and Mr. Mohammad Ahmad, the owner and operator of the Tahoe Tom's Gas Station, for violations of a 2007 Cleanup and Abatement Order.

The Complaint had proposed $248,400 in civil liability (10% of the maximum), and alleged violations of both Water Code section 13267 (investigation requirements) and Water Code section 13304 (remediation requirements). The Prosecution Team presented evidence concerning the dischargers' lengthy history of violations, the economic benefit, and the environmental harm that was caused by the failure to comply and urged the board to treat the proposed liability in the Complaint as a floor, not a ceiling. The Board was responsive to that argument and found that the violations of the remediation requirements under Water Code section 13304 were significant and warranted a greater liability than had been proposed. The Board indicated its intent to send a strong deterrent message to both the specific dischargers in this case and to the regulated community in general.

$400,000 in Administrative Civil Liability Imposed Against Tract 1990 LLC For Construction Storm Water Violations (Region 3)

Counsel for the Office of Enforcement represented the Central Coast Regional Water Board (Central Coast Water Board) enforcement staff in negotiating a $400,000 settlement with Tract 1990 LLC for alleged violations of the State Water Board Construction Storm Water permit and Section 404 of the Clean Water Act. On September 5, 2008, the Central Coast Water Board adopted Administrative Civil Liability Order No. R3-2008-0057 approving the settlement and imposing $400,000 in liability. This was the first instance of the Central Coast Water Board imposing a monetary penalty for violations of section 404 of the Clean Water Act.

Tract 1990, LLC is the owner and developer of a residential home project in San Luis Obispo County. Project plans include about 250 homes on a total of 255 acres. The site is in an area of rolling hills in the Lake Nacimiento watershed. While installing roads and other site improvements, Tract 1990 filled in several unnamed, blue-line creeks. During the 2005-2006 rainy season, the fill eroded, unleashing sediment that further filled the creeks and eventually flowed in the lake.

$353,200 in Liabilities Assessed Against the Eastern Municipal Water District for Discharge of Untreated Raw Sewage Into Murrieta Creek (Region 9)

The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) Compliance Assurance Unit and Counsel for the Office of Enforcement investigated a discharge of 1.6 million gallons of untreated raw sewage to Murrieta Creek in Temecula, California.  Attorneys with the Office of Enforcement represented the enforcement team at a January 9, 2011 adjudicated hearing before the San Diego Water Board, wherein the Board entered Administrative Civil Liability Order No. R9-2011-0010, which assessed civil liability of $353,200 against Eastern Municipal Water District.

The Eastern Municipal Water District discharged approximately 1.6 million gallons of untreated, raw sewage over about a 14-hour period, but was able to recover nearly 1 million gallons of the spilled sewage.  The District will pay civil liabilities of $353,200 to the Waste Discharge Fund.

$233,000 in Administrative Civil Liability Construction General Permit Violations against Starranch Management LLC (Region 8)

On December 9, 2010, after an evidentiary hearing, the Santa Ana Regional Water Quality Control Board adopted Order No. R8-2010-0070 relating to violations of the state-wide General Permit for Storm Water Discharges Associated with Construction Activity, Water Quality Order 99-08-DWQ, and renewed as 2009-009-DWQ.  The subject property is located at the commonly known addresses of 5155 and 5165 Green River Road in an unincorporated are of Riverside County, California.  The total acreage of the property is over 123 acres.

The enforcement action involved repeated attempts to have the owner of Starranch Management LLC and Starranch's real property obtain coverage under the General Permit.  After issuing a Notice of Non-Compliance, the staff inspected the property in 2009 and observed a completed arena for horses, a restaurant, and an events facility offering "Wild West Entertainment."  In addition to 23 structures on the property, some of the graded slopes along the entrance road had not been properly stabilized and erosion was evident.  After additional inspections determined that no stabilization efforts were being taken, this enforcement action followed.

$220,000 in Administrative Civil Liability Imposed Against Sarbjit Kang and Kang Property, Inc. for failure to comply with a Cleanup and Abatement Order (Region 6)

Counsel from the Office of Enforcement represented the prosecution team in a four hour contested hearing after which the Lahontan Regional Board imposed $222,000 in civil liability on Mr. Sarbjit Kang and Kang Property Inc., the owner and operator of the Swiss Mart Gas Station, for violations of a 2007 Clean and Abatement Order.

The complaint had proposed $460,300 in liability (10% of the maximum). The Board found that all but one of the alleged violations had occurred, but reduced the duration of many of the violations. Their reductions reduced the maximum liability to $2,200,000, instead of the $4,630,000 alleged in the complaint. However, the Regional Board adopted the formula proposed by the Prosecution Team and imposed a liability which was 10% of the revised maximum liability.

$204,000 in Mandatory Minimum Penalties Assessed Against the South Orange County Wastewater Authority for Effluent Limitation Violations of NPDES Permit (Region 9)

On February 27, 2009, the San Diego Regional Water Quality Control Board (Regional Water Board) issued an Administrative Civil Liability (ACL) Complaint No. R9-2009-0028 against the South Orange County Wastewater Authority (SOCWA) and the South Coast Water District (SCWD) for $204,000 in mandatory minimum penalties (MMPs) for 68 effluent limitation violations of Regional Water Board Order No. R9-2006-0054. SOCWA owns and holds the NPDES permit for the San Juan Creek Ocean Outfall on behalf of all its member agencies. The SCWD operates the facility, the Groundwater Recovery Facility, and discharges brine to the San Juan Creek Ocean Outfall.

On May 13, 2009, the Regional Water Board held a public hearing on this matter. At the close of the hearing, the Regional Water Board requested that the Prosecution Staff and SOCWA prepare legal briefs addressing two questions: 1) whether the MMP statutory scheme allows the Regional Water Board to exercise discretion in determining whether MMPs apply and 2) Whether the Regional Water Board could impose MMPs in an amount less than the mandatory minimum. The parties submitted their respective briefs 30 days after the close of the May 13th hearing. On July 1, 2009, this item was considered for a second time to provide the Board members an opportunity to ask questions relating to the briefs prior to voting on whether to adopt the ACL Order. Ultimately the Regional Water Board adopted the ACL Order, imposed the MMPs in the amount of $204,000, and allowed SOCWA to direct a portion of the MMPs towards implementation of a Supplemental Environmental Project (SEP).

$200,000 in Administrative Civil Liability Imposed Against Oakland Mine Owner for Violations of 13267 Orders (Region 2)

The Region 2 Board recently ordered an Oakland mine site owner to pay staff’s recommended $200,000 liability in a contested ACL proceeding for reporting violations. After the Complaint was issued, the discharger notified staff he would be contesting the matter, but failed to submit any briefing or evidence to support his position. The assigned OE attorney and staff culled the relevant files, and discovered a letter from a civil rights attorney threatening to sue the Executive Officer and the Board for bias. There was also considerable past commentary to the staff about predecessors in interest who operated the mines having primary responsibility for the cleanup, despite the property owner having previously represented to staff that he would accept responsibility for the cleanup. The assigned OE attorney and staff determined to head off the bias claim and sent a letter to the Executive Officer immediately seeking his recusal and replacement by the Assistant EO. They also prepared a chart of property ownership showing all the “dead ends” that had been previously investigated. The most challenging aspect of the hearing was demonstrating why the Board should impose such a substantial penalty for reporting violations.

The property owner purchased the inactive mine site in 2001 with an eye towards developing it for residential use. He agreed to assume responsibility for cleanup. Like many mine sites, those who profited from the mining operations have long since disappeared. A creek on the property runs through a mountain of sulfur-contaminated mine tailings, causing toxic runoff that kills aquatic life downstream. The property owner made intermittent progress on a cleanup plan until about 2005, when cleanup efforts came to an abrupt halt. A new Cleanup and Abatement Order was issued, which contained some provisions requiring discretionary permits from the City of Oakland and the Department of Fish and Game. The discharger was required to submit progress reports on obtaining these permits, but began to fail to do so by about 2007, leading to issuance of the ACL Complaint. Staff and the assigned OE attorney were able to effectively demonstrate the links between the dischargers’ failure to submit the required progress reports, the failure to diligently pursue discretionary permits required by the Cleanup and Abatement Order and the toxic effect of failing to implement the proposed remedial action plan on water quality.

$133,000 in Liability Imposed Against Santa Margarita Water District for Two Untreated Sewer Spills (Region 9)

In a contested ACL proceeding, the Region 9 Board recently ordered the Santa Margarita Water District to pay the staff’s recommended $133,000 in liability for two untreated sewer spills to waters of the State. The discharger contested the Board’s jurisdiction to seek civil liability on the ground that the spills did not reach waters of the State. It further argued that, even if there was jurisdiction, the proposed penalty was too high because there was no demonstrable harm to waters of the State. The assigned OE attorney assisted staff with preparing evidence in support of the jurisdictional issue, and was able to effectively cross-examine the dischargers’ expert at the hearing. Two Board members stated during deliberations that they did not find the dischargers’ expert to be credible. The assigned OE attorney was also able to assist staff with developing evidence that the sewer spills reached endangered Arroyo Toad habitat and likely impacted the toads.

Staff and the assigned OE attorney were able to anticipate the dischargers’ defenses and develop the key evidence noted after a prehearing settlement conference with the discharger. The evidence was not included in the original complaint or technical report, but was submitted as part of the Prosecution Team’s reply to the dischargers’ brief.

The prehearing settlement conference for ACLCs is a concept being developed and promoted in appropriate circumstances by OE.

$119,950 in Administrative Civil Liability Imposed Against the City of San Marcos for Violations of 13267 Order (Region 9)

Counsel for the Office of Enforcement represented the San Diego Regional Water Board (San Diego Water Board) enforcement staff in an evidentiary hearing following issuance of an Administrative Civil Liability (ACL) Complaint to the City of San Marcos for violations of a 13267 Investigative Order. The ACL Complaint proposed $59,975 in liability. Following the close of the hearing and deliberations, the San Diego Water Board adopted Administrative Civil Liability Order No. R9-2008-0155, doubling the liability proposed in the ACL Complaint, and imposing $119,950 in liability. The case is significant because the San Diego Regional Water Board doubled the proposed penalty and imposed significant liability for violation of an Investigative Order.

The San Diego Regional Water Board had issued the 13267 Investigative Order in response to a discharge of liquid waste from the Bradley Park Landfill, which is owned by the City of San Marcos. The Investigative Order required the City to submit a Report of Waste Discharge. The City’s Report of Waste Discharge was inadequate and did not meet all of the requirements of the Investigative Order.

$40,000 in Judicial Civil Liability against Franzen- Hill Corporation for Violations of Tank Tester Licensing Requirements (State Water Board)

The Fresno County Superior Court entered a judgment of $40,000 against Franzen-Hill Corporation (Franzen-Hill) and its service technicians Mr. David L. Martin and Mr. Exequiel Sinco for performing integrity tests on underground storage tank (UST) systems without a State Water Board issued tank tester’s license.

The judgment settles allegations that Franzen-Hill performed 30 integrity tests in Kern, Kings, Merced, and Tulare Counties by unlicensed Franzen-Hill technicians between June 2005 and March 2008.

Integrity tests are a quantitative UST release detection method capable of detecting a 0.1 gallon per hour leak, and are performed in order to assess the structural integrity of the tank or product piping.  It is important that tank tests are performed by licensed and trained individuals, to ensure that the tests are performed correctly.  Integrity tests are critical in assessing the integrity of UST systems to protect the public’s health and safety from a discharge of hazardous substances to the environment.

Under the terms of the judgment, which resulted from a negotiated settlement, Franzen-Hill will pay $21,400 in penalties to the State Water Board.  Franzen-Hill will also pay $8,600 in reimbursement of investigation and enforcement costs to the Environmental Health Departments in Kern, Tulare, Kings, and Merced Counties and to the Western States Project.  The settlement suspends an additional $10,000 in penalties for three years, provided that Franzen-Hill or its service technicians do not perform tank integrity testing without either a State Water Board issued tank tester’s license or the appropriate manufacturer’s training certificate.

The State Water Board’s action was the result of the cooperation and information received by Kern, Kings, Merced and Tulare County Certified Unified Program Agencies (CUPA) and the Western States Project.  Each county CUPA dedicated staff resources to assist in the development of the case.

Injunctive Relief addressing Water Quality Violations by the U.S. Maritime Administration for its Suisun Bay Reserve Fleet (Mothball Fleet)(Region 2)

Attorneys with OE, along with attorneys in the Attorney General’s Office, represented the San Francisco Bay Regional Board in negotiations with the U.S. Maritime Administration (MARAD) regarding the resolution of water quality violations caused by discharges from the Mothball Fleet in Suisun Bay. These violations, and other hazardous waste claims, were the subject of a lawsuit brought by ARC Ecology, San Francisco Baykeeper and the Natural Resources Defense Council. The San Francisco Bay Regional Water Board) intervened as a plaintiff.

52 ships are addressed by the settlement.  These rusting vessels will be removed and cleaned up locally before they are sent to another location where they will be scrapped. The 25 worst vessels will be addressed within two years and the remainder must be removed by September, 2017.  In addition, MARAD, within the next four months, will remove hazardous paint chips from vessel decks, and will clean the surfaces of the remaining ships every 90 days until the ship is removed to keep paint from dropping into the bay, inspect the ships monthly and collect runoff samples for testing.  The Regional Board also recovered its costs of litigation, including attorney’s fees.

Earlier, the federal district court ruled on motions for summary judgment that MARAD was violating the federal Clean Water Act by discharging metals and other harmful constituents to Suisan Bay without a permit.


Time Schedule Order No. R6V-2009-0016 Issued to the Department of Fish and Game, Hot Creek Hatchery, Mammoth Lakes (Region 6)

On May 11, 2009, the Lahontan Regional Water Quality Control Board (Regional Water Board) issued Time Schedule Order (TSO) No. R6V-2009-0016 to the California Department of Fish and Game (Discharger) to develop and implement compliance plan for the Hot Creek Hatchery (Facility). Based on the data provided in the Discharger’s self-monitoring reports, the wastewater discharged from the Facility was in chronic violation of its effluent limitations for flow and nitrate + nitrite as Nitrogen. These effluent limitation violations are subject to mandatory minimum penalties pursuant to Water Code section 13385(h) and (i). These violations will be addressed in a forthcoming enforcement action. Beginning on May 11, 2009 the date the TSO was issued, so long as the Discharger is in compliance with the TSO, effluent limitation violations that would be subject to MMPs will be exempted per Water Code section 13385(j)(3).

In response to these chronic violations, the Regional Water Board prepared a draft TSO pursuant to Water Code section 13300. The TSO provides a schedule for the Discharger to develop, submit, and implement methods of compliance that may include pollution prevention activities and constructing new treatment facilities. The TSO provides interim effluent limitations for flow and nitrite + nitrate as Nitrogen. Additionally, the TSO sets up a comprehensive sampling and monitoring plan at multiple sampling and monitoring points throughout the facility.

Permanent Injunction against Mill Pond Partners, et al. (Region 6)

Defendants are the owners and developers of real property in the Lake Arrowhead watershed, known as Mill Pond - Tract 15740 Development (“the Mill Pond Project”). The property is about 30 acres in size. The defendants graded the project to prepare about 60 lots for buyers to build homes on. Storm water discharges have entered into tributaries that have flowed into Lake Arrowhead after Discharger failed to implement adequate BMPs.

The matter originated as a construction storm water NPDES permit, WDRs, and CAO violations case and was referred to the California Attorney General’s Office (AGO) to enforce the CAO. The AGO filed a “Complaint for Injunctive Relief” in December, 2008. The complaint alleged violations of the CAO by failing to implement a water quality monitoring plan, failing to implement a SWPPP, and failing to comply with notification and monitoring requirements. The Defendants stipulated to a stipulated preliminary injunction in January, 2009.

Settlement was reached after months of negotiations with the Defendants, which involved regional enforcement staff, Office of Enforcement attorneys, and the Attorney General’s Office. A Stipulated Entry of Judgment and Entry of Order was filed which required the Defendants to comply with the CAO, submit a work plan, implement effective BMPs, stabilize slopes, and consistently monitor the site and submit reports to the Regional Board. The judgment provides for stipulated penalties should the Defendants fail to adhere to the terms of the Judgment. Potential penalties for past violations of the CAO were not resolved by this action.

Cleanup and Abatement Order against William and Lori Moritz (R9-2008-0152) for Unauthorized Discharge and Fill of Unnamed, Ephemeral Stream (Region 9)

Senior Enforcement Counsel from the Office of Enforcement represented the San Diego Regional Board enforcement staff in a contested hearing which resulted in the issuance of a cleanup and abatement order (CAO). The CAO required the Respondents to remediate an unauthorized discharge of waste to and the construction of structures affecting an ephemeral stream which was a tributary to Poway Creek, and to take other removal and remedial actions related to the illegal discharge.

The Order stated that Respondents discharged sand, clay or other earthen materials into the unnamed, ephemeral stream.

Multiple Cease and Desist Orders for Residents of Spalding Tract, Eagle Lake (Region 6)

Office of Enforcement counsel represented the Lahontan Regional Board Prosecution Team in a hearing before a panel of Lahontan Regional Board members on September 15, 2009 regarding proposed Cease and Desist Orders for approximately 80 property owners in the Spalding Tract subdivision at Eagle Lake.

The property owners had been identified by the Prosecution Team as having an on-site wastewater disposal system, which, at a minimum, threatened to violate a Regional Board Basin Plan Prohibition prohibiting the discharge of waste from the Spalding Tract subdivision with other than a zero discharge of nutrients to any surface waters or ground waters in the Eagle Lake Basin. The proposed Cease and Desist Orders required the property owners to connect to the Spalding Community Services District community wastewater system or abandon their on-site wastewater disposal system, by December 31, 2009. Following the hearing, the Hearing panel recommended that the full board adopt the Cease and Desist Orders as proposed by the Prosecution Team.

On October 14, 2009, the full board unanimously voted to adopt the Cease and Desist Orders.

Multiple Cease and Desist Orders to Residents of Los Oso/Baywood Tract (Region 3

Starting about five years ago, the Central Coast Regional Board stepped up its enforcement of a septic discharge prohibition that had been adopted in 1983.  This followed years of cease and desist orders (CDOs) against the County of San Luis Obispo and then the Los Osos Community Services District (LOCSD).  After the Board issued issued an administrative civil liability complaint of more than $6,000,000 to the LOCSD, the staff next pursued a strategy of seeking CDO’s against individual dischargers to prevent discharges to the prohibition zone.  Thousands of individual CDOs were contemplated.

Forty-five homeowners were randomly selected for the first wave of orders.  Attorneys with OE represented the Prosecution Team that advocated for the issuance of the individual cease and desist orders. Hearings for the issuance of the CDOs commenced in December, 2006.  A majority of the owners accepted a settlement but eighteen resisted, received CDOs and then petitioned their orders to the Superior Court.

Following the initiation of these individual CDOs, the County of San Luis Obispo embarked on an effort to develop a sewer treatment and collection project for the affected area and has been making good progress in addressing financial, political and regulatory hurdles for the project.  Efforts to seek additional CDOs have been suspended pending progress on the development this alternative to individual septic systems.

On December 28, 2010, the San Luis County Superior Court denied a petition for Peremptory Writ of Mandate which sought to overturn cease and desist orders issued by the Central Coast Regional Board to individual homeowners using septic systems in violation of a discharge prohibition.

The Court concluded that the actions of the Regional Board did not violate due process rights of the petitioners, the CDOs issued by the Regional Board were supported by substantial evidence, and were not otherwise deficient.  In so finding, the Court observed that “the Court does not come away with the notion of a local government agency run amuck. To the contrary, the Court’s overall impression of the hearings is that the Regional Board went out of its way to provide due process of law, allowing affected residents a reasonable opportunity to speak their minds and to present exculpatory evidence."

Updated 04/03/2015

 

 
 

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