San Diego Region - Enforcement Actions for February 2010

Enforcement Actions for February 2010

The following is a summary of enforcement actions taken or initiated during the month of February 2010. During this period the San Diego Water Board initiated 17 enforcement actions; 3 Cleanup and Abatement Orders, 2 Investigative Orders, and 12 Notices of Violation.

A summary of recent regional enforcement actions is provided below, additional information on violations, enforcement actions, and mandatory minimum penalties is available to the public from the following on-line sources:

State Water Board Office of Enforcement webpage at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/

California Integrated Water Quality System (CIWQS) https://www.waterboards.ca.gov/water_issues/programs/ciwqs/publicreports.html

State Water Board GeoTracker database: https://geotracker.waterboards.ca.gov/

CLEANUP AND ABATEMENT ORDERS (CAO)

Multiple Parties, Former Hebdon Electronics Facility, Escondido
CAO No. R9-2010-0007 was issued to multiple parties on February 1, 2010 to cleanup and abate the effects of waste and to submit technical reports pertaining to corrective actions at the former Hebdon Electronics Facility at 2250 Meyers Avenue, 655 Opper Street and 665 Opper Street, Escondido. The Former Hebdon Electronics Facility is comprised of three contiguous properties where printed circuit board manufacturing and plating activities (including wastewater treatment and/or chemical storage) from 1971 to 1992 caused or permitted discharges of industrial wastes to waters of the state. This CAO supersedes CAO No. 98-58.

Chevron USA, Inc., Service Station No. 9-8719, San Juan Capistrano
CAO No. R9-2010-0019 was issued to Chevron USA, Inc. on February 24, 2010 to cleanup and abate the effects of pollution and nuisance and to submit technical reports pertaining to site assessment and corrective action at Chevron Service Station No. 9-8719 at 26988 Ortega Highway, San Juan Capistrano. The CAO was issued in response to discharges of gasoline from the underground storage tanks that have resulted in a methyl tertiary butyl ether (MTBE) plume in groundwater that extends at least 600 feet south of the facility.

Multiple Parties, Former EZ Serve Gas Station, Santee
CAO No. R9-2010-0026 was issued to multiple parties on February 11, 2010 to cleanup and abate the effects of pollution and to submit technical reports pertaining to corrective actions at the Former EZ Serve Gas Station at 9305 Mission Gorge Road, Santee. Petroleum hydrocarbon wastes were discovered in soil and groundwater beneath the Former EZ Serve facility over a period from 1985 to 2001. The CAO supersedes Investigative Order No. R9-2007-0105 in order to require additional responsible dischargers to undertake cleanup and abatement actions of the wastes at the site. Compliance with Investigative Order No. R9-2007-0105 stopped in 2009 (see NOV section below).

INVESTIGATIVE ORDERS (IO)

Eastern Municipal Water District, Temecula Valley Regional Water Reclamation Facility
IO No. R9-2010-0009 was issued to the Eastern Municipal Water District (District) on February 1, 2010 in response to a discharge of sewage to Murrieta Creek from the Temecula Valley Regional Water Reclamation Facility that occurred on or about December 25, 2009. The District has estimated that approximately 2.4 million gallons were released and approximately 966,800 gallons were recovered from Murrieta Creek. The IO directs the District to submit a technical report by March 5, 2010 in order for the San Diego Water Board to evaluate the nature, circumstances, extent, and gravity of the discharge of untreated sewage.

M & J Ramsey Corporation, Chevron Gas Station, Jefferson Avenue, Temecula
Addendum No. 2 to IO No. R9-2008-0066 was issued to M & J Ramsey Corporation on February 3, 2010 to revise requirements for the remediation feasibility study to use the secondary MCL for MTBE, instead of the primary MCL. The IO was issued on May 23, 2008 in response to discharges of hydrocarbons from a leaking underground storage tank.

NOTICES OF VIOLATION (NOV)

Sanitary Sewer Overflow Program, Multiple Collection Systems
NOVs were issued to sanitary sewer collection systems that have failed to certify in CIWQS the development and implementation of a written Sewer System Management Plan (SSMP) according to the time schedule required in State Water Board Order No. 2006-0003-DWQ. Each agency has been requested to respond by March 19, 2010. NOVs were issued to the following entities:

NOV R9-2010-0029 - City of Vista, Buena Collection System
NOV R9-2010-0030 - City of Solana Beach Collection System
NOV R9-2010-0031 - San Diego State University, CSU San Diego Collection System
NOV R9-2010-0033 - City of Vista Collection System
NOV R9-2010-0034 - Ramona Municipal Water District, San Vicente Collection System
NOV R9-2010-0035 - Ramona Municipal Water District, Santa Maria Collection System
NOV R9-2010-0051 - Olivenhain Municipal Water District, 4S Ranch Collection System

City of San Diego, Municipal Storm Water Program
NOV No. R9-2010-0015 was issued to the City of San Diego on February 2, 2010 for alleged violations of Order No. R9-2007-0001, the municipal storm water NPDES permit for municipalities in San Diego County. The NOV alleges that the City has failed to implement requirements related to construction activities at the Vulcan Materials Company Quarry Falls construction site and that such failure resulted in an illicit discharge of sediment during a storm event in January 2010.

Vulcan Materials Company, Mission Valley Operations, San Diego
NOV No. R9-2010-0052 was issued to Vulcan Materials Company on February 24, 2010 for two alleged violations of the Statewide General Construction Storm Water NPDES Permit, Order No. 99-08-DWQ. Alleged violations include failure to prevent prohibited discharges and failure to implement site specific best management practices. Vulcan Materials Company was also required, pursuant to California Water Code Section 13267, to submit technical reports by March 24, 2010 describing project activities and corrective measures.

Former EZ Serve Gas Station, Santee
NOV No. R9-2010-0018 was issued to Interra-Vision (Santee) and Restructure Petroleum Marketing Services of California on February 9, 2010 for alleged violations of Investigative Order No. R9-2007-0105 (IO). The NOV alleges failure to measure and report ground water elevation as required by the IO. The IO was issued to collect information regarding an unauthorized release of hydrocarbons from an underground storage tank in the vicinity of Forester Creek, Santee. On February 11, 2010 the Investigative Order was superseded by CAO R9-2010-0026.

Chevron Service Station, San Juan Capistrano
NOV No. R9-2010-0017 was issued to the Chevron U.S.A., Inc., on February 2, 2010 for alleged violations of CAO No. R9-2009-0124. The NOV alleges failure to begin implementation of Chevron’s Interim Remedial Action Plan by January 29, 2010, as required by the CAO. The CAO was issued to cleanup and abate groundwater pollution (including MTBE) from leaking underground storage tanks. Interim remedial actions include installation of wellhead treatment at the Dance Hall Well operated by the City of San Juan Capistrano.

San Diego County Water Authority, Mission Trails FRS II, Pipeline Tunnel and Vent Demolition Project
NOV No. R9-2010-0027 was issued to the San Diego County Water Authority on February 17, 2010 for alleged violations of the Statewide General Construction Storm Water NPDES Permit (Order No. 99-08-DWQ) and Clean Water Act Section 401 Water Quality Certification No. 06C-112 associated with the Mission Trails FRS II, Pipeline Tunnel and Vent Demolition Project. The alleged violations include failure to prevent prohibited discharges, failure to identify pollutant sources and best management practices, failure to implement and maintain best management practices, and failure to notify the San Diego Water Board of unauthorized discharges. Alleged violations were noted during a site inspection on February 9, 2010. The San Diego County Water Authority was also required, pursuant to California Water Code Section 13267, to submit technical reports by March 17, 2010 describing project activities and corrective measures.