San Diego Region - Enforcement Actions for April 2008

The following is a summary of all enforcement actions during the month of April 2008. During this period the Regional Board initiated 14 enforcement actions (2 letters, 3 Staff Enforcement Letters, 2 Notice of Violations, 6 Investigative Orders, and 1 Cleanup and Abatement Order).

In addition to the summary information provided below, access to information on violations, enforcement actions, and mandatory minimum penalties on a real-time basis is available to the public from the State Water Resources Control Board's Website.

On April 2 and 4, 2008, the Regional Board issued three Staff Enforcement letters (SEL) to the South Orange County Wastewater Authority (SOCWA) for effluent violations reported in monitoring reports for the January and February 2008 period submitted to comply with three permits:

  • WDR 97-52, Reclamation for multiple facilities. Violations were reported for manganese, CT value, and BOD. Violations of WDR are not subject to mandatory minimum penalties.
  • San Juan Creek Outfall; WDR R9-2006-0054 (multiple facilities (NPDES permit). Violations were reported for failure to monitor for TSS, Turbidity, oil and grease, pH, and settleable solids; and for using the incorrect species in the acute toxicity test.
  • Alisos Creek Outfall, WDR R9-2006-0055 (multiple facilities (NPDES permit). Violations were reported for using the incorrect species in the acute toxicity test.

On April 2, 2008, the Regional Board notified the North Coast Transit District of the Regional Board’s concurrence to postpone the hearing for ACL Complaint No. R9-2008-0021 for violations of the Sprinter Rail Line Construction project. The hearing is rescheduled to June 11, 2008. The letter also established that submission of written responses to the Complaint will be accepted through May 21, 2008.

On April 3, 2008, the Regional Board notified Scott Patterson of the Regional Board’s concurrence to postpone the hearing for ACL Complaint No. R9-2005-0265 for the City of Escondido Hale Avenue Resource Recovery Facility (HARRF). The hearing is rescheduled for August 13, 2008. The letter also established that submission of written responses to the Complaint will be accepted through Monday, July 14, 2008.

On April 3, 2008, the Regional Board notified Mr. Jim Malot of Terra Vac that on February 28, 2008 the State Board dismissed his petition of ACL Order No. R9-2007-0089, and therefore, the $12,000 mandatory minimum penalty for effluent violations at the Body Beautiful Car Wash site are due and payable. Payment has not yet been received. In the future, the Regional may consider referral to the Attorney General’s office for collection proceedings.

On April 7, 2008, the Regional Board issued Investigative Order R9-2008-0047 to Ramona Landfill Inc., Ramona CA. (a subsidiary of Allied Waste), to investigate the nature and circumstances of stained soil and exposed liquid (leachate) observed on the southern slopes of the landfill during an inspection on March 3, 2008. The discharger is required to submit a technical report by June 13, 2008.

On April 7, 9, and 16, 2008, the Regional Board issued four Investigative Orders to investigate petroleum hydrocarbon releases from underground storage tank systems on the following sites. The first reports describing the results of the preliminary site assessments are due to the Regional Board in July 2008.

  • R9-2008-0010: Downtown Tire Shop, 2717 Imperial Avenue, San Diego, CA
  • R9-2008-0014: Mission Bay Automotive, 1125 Morena Blvd, San Diego, CA
  • R9-2008-0044: William Reynolds Construction,7959 Lemon Grove Way, Lemon Grove, CA
  • R9-2008-0045: 2750 Kurtz Street, San Diego, CA

On April 10, 2008, the Regional Board issued two Staff Enforcement letters (SEL) to the USMC Camp Pendleton for violations identified in monitoring reports for sewage treatment Plant 1 (water recycling facility) and Plant 9 (Las Pulgas).

  • Violations reported for Plant 1 include: 5 violations of effluent limitations, 2 violations for failure to monitor for flow, and a 14,500 gallon reclaimed water spill.
  • Violations reported for Plant 9 include; failure to provide the correct sample results for BOD and total suspended solids. The violations occurred on November 14, 2007.

On April 13, 2008, the Regional Board issued Notice of Violation R9-2008-0038 to Hunt Building Company for violations of the statewide construction permit at the Del Mar North Housing project under construction at USMC Camp Pendleton. Violations included: failure to prohibit non-stormwater discharges, and inadequate Best Management Practices (BMPs) to reduce erosion. The discharger has until May 16, 2008 to submit a technical report that describes the actions taken to bring the site into compliance.

On April 15, 2008, the Regional Board issued Addendum No. 1 to Investigative Order No. R9-2007-0105 for the Former E-Z Serve Gas Station, located at 9305 Mission Gorge Rd, Santee, CA. The addendum corrects the naming of the responsible party and adds the requirement for submittal of a Corrective Action Plan.

On April 17, 2008, the Regional Board issued a Staff Enforcement Letter (SEL) to the Orange County Public Works Department for violations of a Clean Water Act 401 water quality certification issued for the Aliso Creek Outlet Maintenance Project. Violations identified in the SEL included; late submittal of the annual report and failure to provide monitoring of the maintenance event.

On April 17, 2008, the Regional Board notified the Cities of Vista and Carlsbad that the hearing for ACL Complaint No. No. R9-2007-0099 for the Buena Vista Lagoon Sewage Spill has been rescheduled for June 11, 2008 Regional Board meeting. The letter also established that submission of written responses to the Complaint will be accepted until 5 p.m. on May 21, 2008.

Note: the hearing date was subsequently rescheduled to June 25, 2008.

On April 18, 2008, the Regional Board issued Addendum No. 1 to Cleanup and Abatement Order (CAO) No. R9-2007-0226 to the North County Transit District for the Sprinter Rail Project. The addendum reduces the frequency of required monitoring reports. On April 25, 2008 the Regional Board issued Notice of Violation No R9-2008-0040 to Otay Mesa Property for multiple violations of a Clean Water Act 401 water quality certification issued for a project known as Loop Road CG 4350 in an unincorporated area of Otay Mesa, San Diego County. Violations included: failure to implement sediment and erosion control, failure to vegetate a detention basin, failure to provide post construction BMPs, failure to complete on and off site habitat mitigation, and failure to secure an encroachment permit for off site mitigation. The discharger has until May 23, 2008 to submit a technical report that describes the actions taken to bring the site into compliance with the 401 certification.