San Diego Region - Enforcement Actions for May 2008
Enforcement Actions for May 2008 (Mark Alpert)
The following is a summary of all enforcement actions during the month of May 2008. During this period the Regional Board initiated 14 enforcement actions (1 Staff Enforcement Letter, 2 Notice of Noncompliance, 4 Notice of Violations with Required Technical Reports, 3 Investigative Orders, 3 Complaints for Administrative Liability 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 Internet webpage.
May, 2, 2008 - Addendum No. 1 to Cleanup And Abatement Order No. R9-2008-0018:Jim Barbour 17215 Iron Mountain Road, Poway, CA 92064 .
This addendum provides an additional six months to remove soil discharged into waters of the State, by extending the cleanup date established in the CAO from February 29, to August 21, 2008. The reporting date is also extended six months from March 17, to September 15, 2008.
May 7, 2008 - Rescheduling of Public Hearing on Administrative Civil Liability Complaint Order No. R9-2007-0099: Buena Vista Lagoon Sewage Spill Cities of Carlsbad and Vista, Buena Vista Lagoon, CA. The Regional Board notified the Cities of Carlsbad and Vista of the Regional Board’s concurrence to postpone the hearing for Administrative Civil Liability (ACL) Complaint No. R9-2008-0099 for the violations of the Buena Vista Lagoon Sewage Spill, Carlsbad CA. The hearing is rescheduled to June 25, 2008. The letter also extended the deadline for submission of written responses to the Complaint to June 4, 2008.
May 12, 2008 - Notice Of Noncompliance: Enrollment In The Industrial Storm Water General Permit, Order No. 97- 03 DWQ Paragon Building Products. The Notice of Noncompliance (NONC) was issued for failure to enroll in the Statewide Industrial Storm Water Permit, (Order No. 97- 03 DWQ). The Standard Industrial Code (SIC) for the operation at the facility is a mandatory classification for coverage in the Permit. Therefore, the discharger is required to enroll. Failure to file a Notice of Intent (NOI) to comply with the Permit within 30 days subjects the discharger to mandatory penalties, pursuant to Water Code Sections 13399.30 and 13399.33. The penalty for failure to file the NOI is five thousand dollars ($5,000) per year.
May 13, 2008 - Investigative Order No. R9-2008-016: Thrifty Oil 7594 University Avenue, La Mesa, CA. Order No. R9-2008-016 was issued to Thrifty Oil Company Station to investigative the effect of the leaking underground storage tank discharge located at 7594 University Avenue, La Mesa, San Diego. The Order requires submittal of soil and groundwater investigation reports to begin by July 15, 2008.
Notice of Violation (NOV) No. R9-2008-0053 & Required Technical Report Riverside County MS4 Copermittees: City of Murrieta, City of Temecula, Riverside County, Riverside Flood Control. Notice of Violation (NOV) No. R9-2008-0053 was issued for the failure to conduct monitoring as required in Waste Discharge Requirements Order No. R9-2004-001; Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the County of Riverside, the City of Murrieta, the City of Temecula, and the Riverside County Flood Control and Water Conservation District within the San Diego Region (Permit). The dischargers are required to submit a technical report, pursuant to Water Code Sections 13267 and 13383, no later than 5:00 PM, on June 13, 2008.
May 16, 2008 - Administrative Civil Liability (ACL) Complaint for Mandatory Minimum Penalties San Elijo WPCF 2695 Manchester Ave Cardiff. Complaint No. R9-2008-0006 for Administrative Civil Liability recommends a $9,000 for Mandatory Minimum Penalty (MMP) for three violations of effluent limitations contained in WDR Order No. R9-2005-0100, San Elijo Ocean Outfall, San Diego County, CA. If the discharger contests the violations alleged in the Complaint, a hearing will be scheduled for the August 13, 2008 Regional Board meeting.
May 20, 2008 - Administrative Civil Liability (ACL) Complaint for Mandatory Minimum Penalties Promenade Mall at Pacific Beach 4150 Mission Blvd San Diego Complaint No. R9-2008-0056 for Administrative Civil Liability recommends a Mandatory Minimum Penalty (MMP) of $15,000 for five violations of effluent limitations established in WDR Order No. R9-2001-0096, Discharge of Extracted Groundwater for non-San Diego Bay for the Promenade at Pacific Beach, City of San Diego. If the discharger contests the violations alleged in the Complaint, a hearing will be scheduled for the August 13, 2008 Regional Board meeting.
Investigative Order No. R9-2008-0054: For Preliminary Site Assessment Former Shell Service Station 25336 Madison Avenue, Murrieta , Riverside County. The Order was issued to the former and current owners of the Former Shell Station to investigate unauthorized release of petroleum hydrocarbons at 25336 Madison Avenue, Murrieta, California. Shell Oil Products owned and operated the underground storage tanks at the time of the release, and Tesoro Petroleum Companies, Inc. is the current owner/operator of the property. The Order requires submittal of soil and groundwater investigation reports to begin by August 1, 2008.
Notice Of Violation No. R9-2008-0063 & Required Technical Report Thornton Winery, 32575 Rancho California Road, Temecula. The Notice of Violation (NOV) was issued for failure to implement a monitoring and reporting program required by the Industrial Stormwater permit. The dischargers are required to submit a technical report by June 27, 2008 describing how they will achieve compliance with the permit.
Amended Complaint No. R9-2008-0019 For Mandatory Minimum Penalties William And Heidi Dickerson, And Perry & Papenhausen Construction, Inc. 501 First Street, Coronado. The Amended Complaint recommends that the Regional Board impose a civil liability of $24,000 for violations of effluent limitations established by Order No. R9-2000-0090, Genera/ Waste Discharge Requirements for Temporary Groundwater Extraction and Similar Waste Discharges to San Diego Bay and Storm Drains or Other Conveyance Systems Tributary Thereto. The Complaint was amended in response to additional information provided by the discharger on April 21, 2008 to remove seven of the eight alleged six-month median violations. The original Complaint issued on March 14, 2008, recommended the imposition of a $45,000 liability.
May 23, 2008 - Investigative Order No. R9-2008-066 Chevron, 27560 Jefferson Street, Temecula, CA. The Order was issued to investigate unauthorized releases of petroleum hydrocarbons at a Chevron located at 27560 Jefferson Street, Temecula, in Riverside County. The first report is required to be submitted by August 1, 2008.
May 29, 2008 - Notice of Noncompliance: Enrollment In The Industrial Storm Water Permit, Order No. 97- 03 DWQ; Maxima Products 9266 Abraham Way Santee, CA 92071. The Notice of Noncompliance (NONC) was issued for failure to enroll in the Statewide Industrial Storm Water Permit, (Order No. 97- 03 DWQ). The Standard Industrial Code (SIC) for the operation at the facility is a mandatory classification for coverage in the Permit. Therefore, the discharger is required to enroll. Failure to file a Notice of Intent (NOI) to comply with the Permit within 30 days, subjects the discharger to mandatory penalties, pursuant to Water Code Sections 13399.30 and 13399.33. The penalty for failure to file the NOI is five thousand dollars ($5,000) per year.
Notice of Violation No. R9- 2008-0068: Glean Water Act Section 401 Water Quality Certification No. 02C-056: Wallach Property Morningstar Ranch, Riverside County. The NOV was issued for violation of Clean Water Act Section 401 Water Quality Certification No. 02C-056 (Certification) for the Wallach Property, now known as Morningstar Ranch, in unincorporated Riverside County. Specific violations include: 1) Failure to submit a conservation mechanism (Condition 12 of the Certification), and 2) failure to submit the final requirements that Riverside County Flood Control and Water Conservation District (RCFCWCD) has placed on the project (Condition 16 of the Certification). Such violations subject the discharger to further enforcement action, including assessment of Administrative Civil Liability by the Regional Board.
May 30, 2008 - Notice of Violation No. R9-2008-0051: Failure To Comply With Directives Of Investigative Orders R9-2006-0044 and R9-2007-0041: Bradley Park / Old Linda Vista Landfill, San Marcos. The NOV was issued to the City of San Marcos for submitting a technical report that fails to comply with directives prescribed in Water Quality Investigative Orders: 1)No. R9-2006-0044, Bradley Park/Old Linda Vista Landfill, and 2) R9-2007-0041 Failure to Maintain Adequate Best Management Practices and Discharge of Rock Fill into the Waters of the State Within the City of San Marcos, (Investigative Orders). In particular, the RoWD lacks a detailed assessment of the nature and extent of the release/discharge of waste constituents from the Bradley Park landfill into surface waters, ground water, and the vadose zone (via landfill gas/soil vapors) and fails to propose Water Quality Protection Standards based on valid and appropriate water quality data. Detailed comments on the RoWD were provided under separate cover. These violations subject the City of San Marcos to enforcement action by the Regional Board, including enforcement orders requiring the City of San Marcos to clean up waste and assessment of administrative civil liability.
