San Diego Region - Enforcement Actions for September 2009

Enforcement Actions for September 2009

The following is a summary of all enforcement actions taken or initiated during the month of August 2009. During this period the California Regional Water Quality Control Board, San Diego Region (Regional Board) initiated eleven enforcement actions: One Cleanup and Abatement Order, two Investigative Orders, six Notices of Violation, and two Staff Enforcement Letters. 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/

CLEANUP AND ABATEMENT ORDERS (CAO)

Chevron Environmental Management Company and City of San Juan Capistrano, Chevron Service Station No. 9-3417
CAO No. R9-2009-0124 was issued by the Regional Board on September 3, 2009 (revised for typographic errors on September 28, 2009) to Chevron Environmental Management Company and the City of San Juan Capistrano for an unauthorized release of petroleum hydrocarbons from the Chevron Service Station No. 9-3417 located at 32009 Camino Capistrano, San Juan Capistrano. The CAO requires Chevron and the City to submit technical reports and cleanup or abate the effects of the release that have resulted in a condition of pollution caused by a methyl tertiary butyl ether (MTBE) plume in groundwater. A site assessment report and a corrective action plan are due by April 30, 2010. Completion of the source area cleanup must be achieved by January 5, 2015, and completion of the non-source area cleanup must be achieved by January 6, 2020.

INVESTIGATIVE ORDERS

J.J. Automotive, Bonsall
Investigative Order No. R9-2009-0034 was issued to J.J. Automotive, located in Bonsall, on September 2, 2009 in response to an unauthorized release of petroleum hydrocarbons. The Order requires a site investigation and characterization work plan be submitted by December 1, 2009, and a final report be submitted by April 1, 2010. The reports will be used by the Regional Board to determine the vertical and lateral extent of the discharge, ascertain if the condition of pollution poses a threat to human health, and provide technical information to determine what cleanup and abatement measures are necessary to bring the site into compliance with applicable water quality standards.

Agri Chemical & Supply, Inc., Oceanside
Investigative Order No. R9-2009-0150 was issued to Agri Chemical & Supply, Inc., located in Oceanside, on September 8, 2009 in response to an unauthorized release of petroleum hydrocarbons. The Order requires a site investigation and characterization work plan be submitted by December 3, 2009, and a final report be submitted by April 1, 2010. The reports will be used by the Regional Board to determine the vertical and lateral extent of the discharge, ascertain if the condition of pollution poses a threat to human health, and provide technical information to determine what cleanup and abatement measures are necessary to bring the site into compliance with applicable water quality standards.

NOTICES OF VIOLATION (NOV)

Riverside County, Department of Public Works, Anza Sanitary Landfill
NOV No. R9-2009-0144 was issued to the County of Riverside, Department of Public Works on September 1, 2009 for alleged violations of the Monitoring and Reporting Program (MRP) for Order No. R9-2005-0183 and CCR Title 27, 20415(b)(1)(C)(2). In accordance with the MRP and CCR Title 27, the County of Riverside was required to install at least one deep monitoring well for the purposes of monitoring the deep aquifer downgradient and cross-gradient from the Anza Sanitary Landfill. The County has not installed the deep well and has therefore failed to monitor the deep aquifer.

Coronado Cays Community, Dock Repair and Replacement, Coronado
NOV No. R9-2009-0164 was issued to the Coronado Cays Community Homeowners Association on September 16, 2009 for nine alleged violations of Clean Water Act Section 401 Water Quality Certification No. 08C-055. The NOV alleges a failure to meet requirements for implementing best management practices, monitoring, and reporting.

United State Marine Corps Base, Camp Pendleton
NOV No. R9-2009-0151 was issued to the United State Marine Corps Base, Camp Pendleton on September 22, 2009 for violations of WDR Order No. 98-04, Waste Discharge Requirements for United States Marine Corps, Marine Corps Base Camp Pendleton, California, Sewage Treatment Plant No. 9 (Las Pulgas). The NOV alleges two violations: First, a deficient monitoring report was submitted for January 2009; and second, a discharge of waste to land occurred on May 1, 2009 when 6,700 gallons of untreated wastewater spilled from the primary clarifier and percolated into the ground.

United State Marine Corps Base, Camp Pendleton
NOV No. R9-2009-0158 was issued to the United State Marine Corps Base, Camp Pendleton on September 22, 2009 for violations of WDR Order No. 97-13, Waste Discharge Requirements for United States Marine Corps, Marine Corps Base Camp Pendleton, California, Horno Sewage Treatment Plant (10) & San Onofre Sewage Treatment Plant (11), San Diego County. The NOV alleges four violations for deficient monitoring reports resulting from improper sampling technique and reporting and failure to operat and maintain the facility to achieve compliance with the Order. Specifically, the NOV alleges that a three deficient reports were submitted and that a lack of a backup or auxiliary power supply resulted in the failure to monitor effluent flow during three separate power failures.

Rancho Santa Fe Community Services District, Santa Fe Valley Reclamation Plant
An NOV was issued to the Rancho Santa Fe Community Services District on September 30, 2009 for one alleged violation of the discharge specifications for manganese effluent concentration within WDR Order No. R9-2002-0013, Master Reclamation Permit with Waste Discharge Requirements for The Production And Purveyance of Recycled Water for Rancho Santa Fe Community Services District, Santa Fe Valley Water Reclamation Plant, San Diego County.

Ramona Municipal Water District, Santa Maria Water Reclamation Facility
An NOV was issued to the Ramona Municipal Water District on September 30, 2009 for three alleged violations of the sufate and total dissolved solids discharge specifications of WDR Order No. 2000-177, Master Reclamation Permit for Ramona MWD, Santa Maria Wastewater Treatment Plant, San Diego County.

STAFF ENFORCEMENT LETTERS (SEL)

KZ Financial, KSquare Gas & Service, Escondido
An SEL was issued to KZ Financial on September 21, 2009 in response to a determination that an unauthorized release of petroleum hydrocarbons occurred at KSquare Gas & Service, located in Escondido. KZ Financial is identified as a responsible party because it was the property owner at the time of the release. The SEL notifies KZ Financial that CCR Title 23 requires it to conduct corrective action measures, and it requests a status report from KZ Financial by October 30, 2009.

Three Wives, Inc., Palomar Village Shell, Temecula
An SEL was issued to Three Wives, Inc. on September 21, 2009 in response to a determination that an unauthorized release of petroleum hydrocarbons occurred at the Palomar Village Shell facility, located at 42197 Margarita Road, Temecula. The SEL notifies Three Wives, Inc. that CCR Title 23 requires it to conduct corrective action measures, and it requests a status report from Three Wives, Inc. by October 30, 2009.