San Diego Region - Enforcement Actions for May 2009

Enforcement Actions for May 2009

The following is a summary of all enforcement actions taken or initiated during the month of May 2009. During this period the California Regional Water Quality Control Board, San Diego Region (Regional Board) initiated seven enforcement actions: one Administrative Civil Liability Order, one Time Schedule Order, one Cleanup and Abatement Order, one Investigative Order, two Notices of Violation, and one 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) Order

ACL Order No. R9-2009-0075 against Mountain Water Ice Company ACL Order No. R9-2009-0075 in the amount of $243,000 was adopted by the Regional Board on May 13, 2009. The Regional Board assessed mandatory minimum penalties pursuant to Water Code section 13385 for violations of NPDES Order No. R9-2005-0015. The violations occurred in discharges to Sam Luis Rey during operations of the company’s Oceanside Ice Plant.

TIME SCHEDULE ORDERS (TSO)

Time Schedule Order No. R9-2009-0047 to Mountain Water Ice Company TSO Order No. R9-2009-0047 was issued by the Regional Board on May 13, 2009 to provide a time schedule for Mountain Water Ice to implement control measures and achieve compliance with effluent limits for total dissolved solids (TDS) at its Oceanside Ice Plant prescribed in NPDES Order No. R9-2005-0015. The TSO also included interim effluent limits for TDS. Full compliance with the TDS effluent limitations in NPDES Order R9-2005-0015 must be achieved by March 9, 2010.

CLEANUP AND ABATEMENT ORDERS (CAO)

CAO No. R9-2009-0074 for Orange Glen Market, Escondido CAO NO. R9-2009-0074 was issued on May 11, 2009 to Mr. Soni and Mrs. Carmen Nanci and Mr. Omar Tartir for the cleanup and abatement of affects from an unauthorized release of petroleum hydrocarbons from a former gasoline facility at the 2741 East Valley Parkway, Escondido. A site assessment workplan is due by August 30, 2009, and corrective action plan is due by April 30, 2010.

INVESTIGATIVE ORDERS (IO)

IO No. R9-2009-0053 to Caltrans, District 11, Santa Ysabel IO No. R9-2009-0053 was issued on May 5, 2009 to Caltrans for the investigation of water quality at the former Santa Ysabel Inn located at the intersection of Highways 78 and 79 in Santa Ysabel. A former Texaco gasoline service station at the site has released petroleum hydrocarbons into the ground and may be a potential source of groundwater pollution. The IO requires Caltrans to submit quarterly monitoring reports beginning on July 30, 2009. A site conceptual model is due on September 30, 2009.

NOTICES OF VIOLATION (NOV)

NOV No. R9-2009-0083 to Signet Armorlite, Inc., San Marcos An NOV was issued to Signet Armorlite, Inc. on May 29, 2009 for alleged violations of Investigative Order No. R9-2009-0015. The Investigative Order was issued pursuant to Water Code section 13267 on January 23, 2009 regarding unauthorized releases of chemicals to soil and groundwater at the Signet Armorlite, Inc. facility at 130 North Bingham Drive, San Marcos, San Diego County. The Investigative Order requires Signet Armorlite Inc. to submit two technical reports to address data gaps in site characterization. The NOV alleges that Signet Armorlite, Inc. submitted inadequate reports in response to the Investigative Order. Specifically, the NOV alleges that: (1) The Comprehensive Soil and Groundwater Investigation Workplan reports failed to include sufficient scope to determine the vertical and lateral extent of contamination; (2) The Workplan did not include sampling of off-site wells for Freon-113; and (3) Certain laboratory data was submitted past the deadlines within the Investigative Order.

NOV No. R9-2009-0086 to City of Lemon Grove An NOV was issued to the City of Lemon Grove on May 18, 2009 for alleged violations of Order No. R9-2007-0001, the municipal storm water permit draining the watersheds of San Diego County. The NOV alleges that the City failed to provide an adequate jurisdictional urban runoff management plan because the report does not adequately describe certain activities undertaken to implement the Permit’s requirements.

STAFF ENFORCEMENT LETTER (SEL)

SEL to County of San Diego, Bonsall Landfill
An SEL was sent to the County of San Diego on May 21, 2009 following review of monitoring reports submitted for the Bonsall Landfill in accordance with Order No. 97-15 and Order No. R9-2008-0097. The SEL identified reporting deficiencies and identified necessary corrective actions. The next semi-annual monitoring report is due on October 30, 2009.