San Diego Region - Enforcement Actions for February 2009

Enforcement Actions for February 2009

The following is a summary of all enforcement actions taken or initiated during the month of February 2009. During this period the California Regional Water Quality Control Board, San Diego Region (Regional Board) initiated 16 enforcement actions: 3 Administrative Civil Liability Orders; 2 Complaints for Administrative Civil Liability; 2 Cleanup and Abatement Orders; 8 Notices of Violation; and 1 Staff Enforcement Letter. 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’s Internet webpage at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/.

ADMINISTRATIVE CIVIL LIABILITY (ACL) ORDERS

ACL Order No. R9-2009-0022, Studio 15 Housing Partners, San Diego. ACL Order No. R9-2009-0022 was adopted by the Regional Board on February 11, 2009 for $42,000 in mandatory minimum penalties for 14 violations of Order No. R9-2000-0090 associated with dewatering discharges to San Diego Bay from the Studio 15 construction site in San Diego.

ACL Order No. R9-2009-0019, America Plaza Owners Association, San Diego. ACL Order No. R9-2009-0019 was adopted by the Regional Board on February 11, 2009 for $12,000 in mandatory minimum penalties for four violations of Order No. R9-2000-0090 associated with dewatering discharges to San Diego Bay from the One America Plaza building in San Diego.

ACL Order No. R9-2009-0003, City of Escondido, Hale Avenue Resource Recovery Facility. ACL Order No. R9-2009-0003 was adopted by the Regional Board on February 11, 2009 for $1,335,000 in mandatory minimum penalties for 445 violations of Violations of NPDES Order No. 99-72, Waste Discharge Requirements for the City of Escondido, Hale Avenue Resources Recovery Facility, Discharge to the Pacific Ocean Via the Escondido Land Outfall and the San Elijo Ocean Outfall and NPDES Order No. R9-2003-0394, Waste Discharge Requirements for the City of Escondido, Hale Avenue Resource Recovery Facility, Intermittent Wet Weather Discharge to Escondido Creek, San Diego County.

ADMINISTRATIVE CIVIL LIABILITY (ACL) COMPLAINTS

ACL Complaint No. R9-2009-0020, North County Transit District Complaint No. R9-2009-0020 in the amount of $15,000 in mandatory minimum penalties was issued on February 2, 2009 to the North County Transit District for alleged violations of effluent limitations in NPDES Order No. R9-2001-0096, General Waste Discharge Requirements for Groundwater Extraction Waste Discharges From Construction, Remediation, and Permanent Groundwater Extraction Projects to Surface Waters within the San Diego Region except for San Diego Bay. The alleged violations occurred during construction dewatering at the Sprinter Rail Crouch Street Station in Oceanside.

ACL Complaint No. R9-2009-0028, South Orange County Wastewater Authority. Complaint No. R9-2009-0028 in the amount of $204,000 in mandatory minimum penalties was issued on February 27, 2009 to the South Orange County Wastewater Authority for alleged violations of NPDES Order No. R9-2006-0054, Waste Discharge Requirements for the South Orange County Wastewater Authority, Discharge to the Pacific Ocean Via the San Juan Creek Ocean Outfall, Orange County. The alleged violations occurred in discharges to the San Juan Creek Ocean Outfall from the Groundwater Recovery Facility operated by the South Coast Water District in Dana Point.

CLEANUP AND ABATEMENT ORDERS

Cleanup and Abatement Order No. R9-2008-0152. Moritz Residence, Poway. CAO Order No. R9-2008-0152 was adopted by the Regional Board on February 11, 2009 after a public hearing. The CAO requires the removal of waste and fill from an unnamed stream and the restoration of the stream to pre-discharge conditions by April 24, 2009. A final report documenting cleanup actions is due on May 29, 2009.

Cleanup and Abatement Order No. R9-1993-0049, Addendum No. 7. Multiple Parties, Julian. Addendum No. 7 to CAO R9-93-49 was issued on February 10, 2009. The addendum changes the CAO frequency of required well monitoring and assessment from quarterly to semi-annually. The CAO was issued in 1993 for remediation of unauthorized releases of petroleum hydrocarbons at a service station.

NOTICES OF VIOLATION

NOV to San Elijo Joint Powers Authority, San Elijo Water Reclamation Facility, Cardiff by the Sea. An NOV was issued to the San Elijo Joint Powers Authority on February 18, 2009 for alleged violations of Order No. R9-2000-0010 by discharges from the San Elijo Water Reclamation Facility. The NOV cited seven alleged violations of the total dissolved solids daily maximum effluent concentration.

NOV to City of San Diego, North City Water Reclamation Plant, San Diego. An NOV was issued to the City of San Diego on February 26, 2009 for alleged violations of Order No. 97-03 in discharges from the North City Water Reclamation Plant. The NOV cited four alleged violations of the 12-month average effluent manganese concentration.

NOV to Ramona Municipal Water District, Santa Maria Water Reclamation Facility, Ramona. An NOV was issued to the Ramona Municipal Water District on February 26, 2009 for alleged violations of Order No. R9-2000-0177 in discharges at the Santa Maria Water Reclamation Facility. The NOV cited three alleged violations of the 12-month average effluent concentrations for total dissolved solids and sulfate and for failing to provide the required modal contact time for chlorine disinfection.

NOV No. R9-2009-0029, Murrieta Nursery, Murrieta. NOV No. R9-2009-0029 was issued to GNW Evergreen Insurance on February 9, 2009 for alleged violations of Investigative Order No. R9-2005-0030. The NOV cites failure to comply with electronic reporting requirements, including the use of the State Water Board’s Geotracker database available on-line at www.geotracker.waterboards.ca.gov. NOV No. R9-2009-0030, Santa Ysabel Chevron, Santa Ysabel.

NOV No. R9-2009-0030 was issued to Mr. and Mrs. Ernest Moretti on February 9, 2009 for alleged violations of Investigative Order No. R9-2005-0214. The NOV cites failure to comply with electronic reporting requirements, including submitting laboratory and well data to the State Water Board’s Geotracker database available on-line at www.geotracker.waterboards.ca.gov. NOV No. R9-2009-0031, Downtown Tire Shop, San Diego.

NOV No. R9-2009-0031 was issued on February 24, 2009 to Mr. Victor Mostacero for alleged violations of Investigative Order No. R9-2008-0010. The NOV cites failure to provide a workplan for preliminary site assessment by May 30, 2008 and failure to provide a preliminary site assessment report by July 30, 2008.

NOV No. R9-2009-0032, El Guero Tire Shop and Repair, San Diego. NOV No. R9-2009-0032 was issued on February 24, 2009 to Mr. and Mrs. Ramiro Montoya for alleged violations of Investigative Order No. R9-2008-0011. The NOV cites failure to provide a workplan for preliminary site assessment by May 30, 2008 and failure to provide a preliminary site assessment report by July 30, 2008.

NOV No. R9-2009-0033, Shamoun Family Trust, San Diego. NOV No. R9-2009-0033 was issued on February 24, 2009 to the Shamoun Family Trust for alleged violations of Investigative Order No. R9-2008-0024. The NOV cites failure to provide a workplan for preliminary site assessment by May 30, 2008, and failure to provide a preliminary site assessment report by July 30, 2008.

STAFF ENFORCEMENT LETTERS (SEL)

BBA Partners, LLC., Road Improvement for Heights Subdivision, Poway. An SEL was issued to BBA Partners, LLC. on February 24, 2009 for an alleged violations of the statewide General NPDES Construction Permit, Order No. 9-08-DWQ. Violations were noted during a staff inspection on February 17, 2009.