San Diego Region - Enforcement Actions for March 2008

The following is a summary of all enforcement actions during the month of March 2008. During this period the Regional Board initiated 14 enforcement actions (7 Staff Enforcement Letters, 5 Investigative Orders, 1 Complaint for Administrative Assessment of Liability, and imposed 1 Administrative Assessment of Liability).

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 March 4, 2008, Notice of Violations were issued to three entities enrolled In the State's Industrial Storm Water Permit, for failure to pay Industrial Storm Water Permit annual fees for fiscal year 2007. In the future, the Regional Board may consider removal from eligibility to participate in the group monitoring program allowed under the permit, outright rescission of their enrollment in the permit, and/or the imposition of civil liability. The following facilities were served with an NOV.

Staff Enforcement Letters (SELs) were issued in March 2008, notifying dischargers of Violations of Effluent limitations in WDR/NPDES permits. These violations are reported to the Regional Board in monitoring reports submitted by the Dischargers. The following facilities were issued Staff Enforcement Letters.

  • Fallbrook PUD , Fallbrook Wastewater Treatment plant
    SELs were Issued March 10 and March 24 for violations of NPDES permit No. R9-2006-0002. Their report revealed that a measurement was missed and that a daily max value for chronic toxicity was exceeded. These violations are not subject to Mandatory Minimum Penalties (MMP).
  • SOCWA, multiple facilities discharging to the Aliso Creek Ocean Outfall. An SEL was issued March 10 for a single reporting violation. This violation is not subject to MMP.
  • Ortega Oaks RV Park, Lake Elsinore, CA
    An SEL was issued March 10 for violations of RB Order R9-2001-140. These violations are not subject to MMP.

On March 12, 2008, The Regional Board adopted Order No. R9-2008-0020 in settlement of Administrative Civil Liability complaint No. R9-2007-0101, issued in the amount of $29,300 to the Fallbrook Public Utility District (FPUD) for the discharge of 146,625 gallons of raw sewage into Fallbrook Creek, a water of the United States, between June 17 and 20, 2006. The settlement includes: (1) payment of $20,000 to the State Water Resources Control Board and (2) the suspension of $9,300 in liability when the FPUD completes specified actions to the satisfaction of the Regional Board.

On March 14, 2008, the Assistant Executive Officer issued Administrative Civil Liability Complaint No. R9-2008-0019 recommending assessment of a $45,000 mandatory minimum penalty against William and Heidi Dickerson, and Perry & Papenhausen Construction, Inc. Monitoring reports submitted by the Dischargers, reported that between Oct 2006 and Feb 2007 eight (8) exceedances of copper effluent limitations had occurred during discharges of extracted groundwater from construction at 501 First Street, Coronado (WDID NO. 9 000001411) to San Diego Bay. The Dischargers have until April 14, 2008 to notify the Regional Board of whether they will waive their right to a hearing and pay the recommended amount. If they do not, a hearing is scheduled for the May 13, 2008 Regional Board meeting.

On March 20, 2008, Investigative Orders were issued to the owners/operators at the following facilities to investigate petroleum hydrocarbon releases from underground storage tank systems on their properties. 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
    Victor H. Mostacero
    2717 Imperial Ave, San Diego
  • R9-2008-0011 El Guero Tire Shop
    Ramiro and Mary Montoya
    2401 Imperial Ave, San Diego
  • R9-2008-0022 North County Auto Service
    Richardson Brothers Investments and E&F Richardson Investments LLC
    1520 South Coast Hwy, Oceanside
  • R9-2008-0023 Gary's Auto/RV Service
    Richardson Brothers Investments and E&F Richardson Investments LLC
    1540 South Coast Hwy, Oceanside
  • R9-2008-0024 Circle K
    Shamoun Family Trust
    4984 Voltaire St., San Diego