SanDiego Region - Enforcement Actions for September 2008
Enforcement Actions for September 2008 (Mark Alpert and Jeremy Haas)
The following is a summary of all enforcement actions taken during the month of September 2008. During this period the Regional Board initiated 82 enforcement actions (73 Notices of Violation (NOV); 1 NOV with a required technical report; 3 Investigative Orders (IO); 2 CAO Addenda; 2 Complaints for Administrative Civil Liability (ACL); and 1 ACL Order).
In addition to the summary information provided below, access to information on violations, enforcement actions, and Mandatory Minimum Penalties (MMPs) on a real-time basis is available to the public from the State Water Resources Control Board Internet webpage.
September 2, 2008 NOV R9-2008-0113, with Required Technical Report, International Iron Products, 10883 Thornmint Road, San Diego. NOV R9-2008-0113 was issued for failure to provide monitoring and site evaluation information in annual reports as required by State Water Board Order No. 97-03-DWQ, the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with industrial Activity. Concurrent with the NOV, International Iron Products was required, pursuant to CWC Sections 13267 and 13383, to submit results from specified monitoring activities by July 1, 2009.
September 2, 2008 NOV R9-2008-0115. Plaza Las Brisas, LLC, Las Brisas Cleaners, Murrieta. NOV R9-2008-0115 was issued for failure to upload laboratory data and other information into the Geotracker electronic database regarding site assessment and cleanup activities of soil and groundwater contamination caused by an unauthorized release of PCE at Las Brisas Cleaners in Murrieta. Section 3890 of the California Code of Regulations (CCR) requires all reports submitted to Title 23 CCR, Chapter 16, “Underground Storage Tank Regulation” to be submitted in electronic deliverable format using the State Water Resources Control Board Geotracker database.
September 5, 2008 CAO R9-2005-0278, Notice of Pending Rescission Multiple Parties, 45011 Vuelta Grande Road, Temecula. A notice of pending rescission of CAO R9-2005-0278 was distributed to known interested parties following determination that Jim McGee of Multiple Concrete Enterprises, Inc., Michael and Milan Lubanko of LUBCO, Inc. and Tabatha and Keri Lubanko (Dischargers) have fully complied with the directives established in the CAO. The CAO was issued for the discharge of concrete slurry waste from an unpermitted surface impoundment located at 45011 Vuelta Grande Road in Temecula, CA to De Luz Creek and its tributaries. If no substantive comments are received, the CAO will be rescinded after 30 days.
September 8, 2008 Notices of Violations, Industrial Storm Water Program. Notices of Violation were issued to 72 parties for failure to submit the 2007-2008 industrial storm water annual reports required by State Water Board Order No. 97-03-DWQ, the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with industrial Activity. The Annual Reports were due to the Regional Board by July 1, 2008 as required by Section B.14 of the Order. As of September 25, 2008, reports have been received from 23 of the 72 parties. A second notice will be issued to the other 49 parties on October 8, 2008. Those that fail to submit the annual reports will be subject to mandatory penalties pursuant to the Storm Water Enforcement Act of 1998.
September 10, 2008 ACL Order R9-2008-0072. City of Vista and City of Carlsbad, Buena Vista Lagoon Sewage Spill. Order R9-2008-0072 was adopted at the September 10, 2008 Regional Board meeting in settlement of Complaint R9-2007-0099. The Order formally approves and incorporates a settlement agreement by imposing liability in the amount of $1,095,000 against the Cities of Vista and Carlsbad. The Order directs payment by October 10, 2008 of $200,000 to the State Board and $895,000 to fund two SEPs in efforts to restore the Buena Vista Lagoon.
September 15, 2008 CAO 95-66, Addendum 5. CV Ventures LLC, Boulevard Investors, the City of National City, and the National City Community Development Commission / Former Duck Pond Landfill. CAO 95-66, Addendum 5 was issued to remove Rhode Island Acquisition, No. 1 LLC, SD Commercial LLC., and National Enterprises, Inc. from the list of responsible parties from the CAO directives. CAO 95-66 was issued on May 5, 1995 and amended by Order WQ 96-02 of the State Water Resources Control Board for cleanup and abatement of pollution and threatened pollution associated with discharges of solid waste at the Duck Pond Landfill in the City of National City. CV Ventures, the current owner has maintained compliance with Regional Board requirements since taking ownership of the inactive landfill.
September 16, 2008 CAO R9-2000-0255, Addendum 10. Mr. and Mrs. Chung Kwan Hsu, Budget Trade and Gas, 510 West 5th Avenue, Escondido. CAO R9-2000-0255, Addendum 10 was issued to modify groundwater monitoring requirements by deleting certain monitoring wells. CAO R9-2000-0255 was issued to cleanup and abate the effects of petroleum fuel wastes as a result of unauthorized discharges from a former leaking underground storage tank at 510 West 5th Avenue, Escondido.
September 22, 2008 ACL Complaint R9-2008-0057. Santa Margarita Water District. ACL Complaint R9-2008-0057 proposed liability in the amount of $133,190 for discharges of 887,934 gallons of untreated sewage to San Juan Creek and Cristianitos Creek from two incidents occurring in April and July 2007. The Complaint alleges the dischargers violated Order R9-2007-0005, Waste Discharge Requirements for Sewage Collection Agencies in the San Diego Region. A hearing is tentatively scheduled for December 10, 2008.
September 23, 2008 Investigative Order R9-2008-0097. County of San Diego, Department of Public Works. Bonsall Landfill. Investigative Order R9-2008-0097 requires the County of San Diego provide a technical in order to provide information regarding condition of pollution attributable to the Bonsall Landfill. The information will be used to evaluate whether the condition of pollution poses a threat to groundwater beneficial uses and to determine corrective actions necessary to bring the site into compliance with applicable water quality standards. Information required includes a delineation of release, a proposed water standard, proposed corrective action measures, a monitoring plan, and monitoring data. The report is due by March 30, 2009.
September 24, 2008 Investigative Orders R9-2008-0118 and R9-2008-0119. City of San Marcos and San Elijo Hills Development Company, Copper Creek, San Marcos. Investigative Orders R9-2008-0118 and R9-2008-0119 were issued to the City of San Marcos and San Elijo Hills Development Company, respectively, for an investigation into the placement of a grouted riprap structure within the upper portion of Copper Creek in the City of San Marcos. The structure lies within a portion of the creekbed that had been proposed as a compensatory mitigation area by the City of San Marcos for Clean Water Act Section 401 Water Quality Certification 03C-067. The structure has prevented attainment of the mitigation plan’s objectives. Reports are due on October 20, 2008 that provide information about the construction of the structure. Additional enforcement action may be taken following review of the information requested in the Investigative Orders.
September 26, 2008 ACL Complaint R9-2008-0080. City of San Marcos, Bradley Park Landfill. ACL Complaint R9-2008-0080 in the amount of $59,975 was issued for failure to submit information required pursuant to Investigative Order (IO) R9-2006-0044. IO R9-2006-0044 required the City of San Marcos to submit a Report of Waste Discharge to the Regional Board by May 18, 2007. On January 30, 2008 the City submitted an incomplete Report of Waste Discharge that failed to meet the directives outlined in the IO. As of September 26, 2008, an adequate Report of Waste Discharge is 492 days late. A public hearing is tentatively scheduled for December 10, 2008.
