San Diego Region - Enforcement Actions for March 2009

Enforcement Actions for March 2009

The following is a summary of all enforcement actions taken or initiated during the month of March 2009. During this period the California Regional Water Quality Control Board, San Diego Region (Regional Board) initiated seven enforcement actions: 1 amended Administrative Civil Liability Complaint; 1 Cleanup and Abatement Order; 1 Investigative Order addendum, 3 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) Complaints

Amended ACL Complaint R9-2008-0161 against Mountain Water Ice Company Complaint No. R9-2008-0161 in the amount of $243,000 was amended on March 30, 2009 for alleged violations of NPDES Order No. R9-2005-0015, which prescribes effluent limitations for the discharge of defrost water, evaporative condenser overflow, and melted ice to the San Luis Rey River. The amended complaint reflects a reduction in the number of previously-alleged violations subject to mandatory minimum penalties for reported violations that were subsequently determined to not adequately represent the discharge. The amended complaint also adds new alleged violations that were reported subsequent to the issuance of the original complaint. The Board is tentatively scheduled to consider a tentative ACL Order for the alleged violations on May 13, 2009.

CLEANUP AND ABATEMENT ORDERS

Cleanup and Abatement Order No. R9-2009-0017. APRO, LLC CAO Order No. R9-2009-0017 was issued on March 30, 2009 to APRO, LLC as the owner of property located at 3010 Market Street, San Diego. The CAO requires APRO, LLC to submit technical reports and to cleanup and abate the effects of an unauthorized release of petroleum hydrocarbons from the operating gasoline facility at the site. The CAO requires submission of a workplan by July 31, 2009 and completion of cleanup activities by September 30, 2010. A final report documenting cleanup

INVESTIGATIVE ORDERS

Addendum to Investigative Order No. R9-2008-0097, County of San Diego Addendum No. 1 to Investigative Order No. R9-2008-0097 revises compliance dates for the County of San Diego to amend a report of waste discharge and comply with corrective action requirements of Title 27 of California Code of Regulations for a release of wastes from the Bonsall County Landfill. The dates were extended because the County has had difficulty gaining access to offsite wells. Access to the wells is necessary to delineate the release and develop a corrective action plan. actions is due on May 29, 2009.

 

NOTICES OF VIOLATION

NOV NO. R9-2009-0049 to South Orange County Wastewater Authority, Multiple Facilities. An NOV was issued to the South Orange County Wastewater Authority (SOCWA) for violations of Order No. 97-52 at numerous facilities operated by SOCWA member agencies. Order No. 97-52 establishes Waste Discharge and Water Recycling Requirements for the Production and Purveyance of Recycled Water by Member Agencies of the South Orange County Reclamation Authority, Orange County.

NOV No. R9-2009-0045 to City of San Marcos An NOV was issued to the City of San Marcos on March 24, 2009 for alleged violations of the San Diego area municipal storm water permit, Order No. R9-2007-0001. The NOV alleges the City failed to implement a verification program for post-construction treatment control best management practices. The alleged violation was discovered during review of the City’s annual report and verified during a follow-up meeting with the City’s storm water staff. NOV No. R9-2009-0039 to BBA Partners, LLC., The Heights Road Improvement at Valley View Road, Poway

NOV No. R9-2009-0039 was issued to BBA Partners, LLC. on March 24, 2009 for alleged violations of the statewide General NPDES Construction Permit, Order No. 99-08-DWQ. Violations were noted during a staff inspection on March 11, 2009. Alleged violations include failure to implement and maintain construction best management practices (BMPs), failure to prevent unauthorized discharges of sediment, and failure to implement adequate post-construction BMPs.

STAFF ENFORCEMENT LETTERS (SEL)

San Diego County Water Authority, Twin Oaks Valley Water Treatment Plant The SEL was issued on March 2, 2009 to the San Diego County Water Authority for an alleged violation of the statewide General NPDES Construction Permit, Order No. 99-08-DWQ. Violations were noted during a staff inspection on February 17, 2009 following a request to terminate coverage under the General NPDES permit.