San Diego Region - Enforcement Actions for March 2010
Enforcement Actions for March 2010
The following is a summary of enforcement actions taken or initiated during the month of March 2010. During this period the San Diego Water Board initiated 24 enforcement actions, including: 3 Notices of Violation with an Investigative Order, 16 Notices of Violation (NOVs), and 5 Staff Enforcement Letters.
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/
NOTICES OF VIOLATION (NOV) with INVESTIGATIVE ORDER
Caltrans, District 11, State Highway 52 and 67 Connection
NOV No. R9-2010-0036, including an investigative order, was issued to Caltrans, District 11, on March 4, 2010 for violations of State Water Board Order No. 99-06-DWQ, the Caltrans storm water permit. The NOV was issued in response to inspection findings that Caltrans failed to implement and maintain BMPs and prevent prohibited discharges to the MS4. Under authority of Water Code sections 13267 and 13383, the San Diego Water Board required tha Caltrans submit a technical report, by March 19, 2010, that contains a status report describing actions taken in response to the NOV.
Hanson Aggregates, San Diego
NOV No. R9-2010-0060, including an investigative order, was issued to Hanson Aggregates on March 11, 2010 for violations of State Water Board Order No. 99-08-DWQ, the statewide construction storm water permit at the Hanson Aggregates facility located at 9225 Camino Santa Fe, San Diego. The NOV was issued in response to inspection findings that Hanson Aggregates failed to implement and maintain BMPs and prevent prohibited discharges. Under authority of Water Code sections 13267 and 13383, the San Diego Water Board required that Hanson Aggregates submit a technical report, by April 12, 2010, that contains a status report and a long-term corrective action plan.
Mr. Jack Eitzen, Fairway Hills Estate, LLC, Murrieta
NOV No. R9-2010-0059, including an investigative order, was issued to Mr. Jack Eitzen on March 24, 2010 for violations of State Water Board Order No. 99-08-DWQ (the statewide construction storm water permit), Water Code section 13260 for failure to file a Report of Waste Discharge (RoWD), Water Code section 13376 for failure to file an application for an individual Clean Water Act section 401 Water Quality Certification, and Water Code section 13050 for failure to comply with Basin Plan Prohibition No. 1 (discharging waste in a manner causing, or threatening to cause, a condition of pollution). The violations were observed during inspections between December 16, 2008 and January 28, 2009 at construction sites known as La Cresta Hillcrest Estates, located at 38500 Via Vista Grande, Murrieta. Under authority of Water Code sections 13267 and 13383, the San Diego Water Board required that Mr. Eitzen submit a technical report, by May 1, 2010, that contains a status report and a time schedule with an implementation and monitoring plan for the restoration of all affected waters of the State on-site.
NOTICES OF VIOLATION (NOV)
Industrial Storm Water Program, Multiple Facilities
NOVs were sent to 12 enrollees of the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ (Order) for failure to submit their 2008-2009 Annual Reports. The Annual Reports were due by July 1, 2009 as required by Section B.14 of the Order. These are the second round of NOVs issued to each affected facility for the same violation. As a result of these notifications and the dischargers’ failure to correct the violations, the affected 12 facilities listed below are subject to mandatory minimum penalties pursuant to Water Code Section 13399.33.
NOV R9-2010-0039 - San Diego Truck Body & Equipment, Spring Valley
NOV R9-2010-0040 - Modern Stairway, Spring Valley
NOV R9-2010-0041 - Lake Elsinore Unified School District Transportation Facility, Wildomar
NOV R9-2010-0042 - Hacienda Auto Wrecking, San Diego
NOV R9-2010-0043 - Javo Beverage, Vista
NOV R9-2010-0044 - Riveras Iron Works, Vista
NOV R9-2010-0045 - Enniss Inc., Lakeside
NOV R9-2010-0046 - Healthy Times, Poway
NOV R9-2010-0047 - Transit America Services, Inc., Camp Pendleton
NOV R9-2010-0048 - Russo Tile & Marble, Inc., El Cajon
NOV R9-2010-0049 - City of San Diego, Alvarado Water Treatment Plant, San Diego
NOV R9-2010-0050 - Lite Stone Concrete, El Cajon
BBA Partners, LLC. The Heights Development, Poway
NOV No. R9-2010-0014 was issued to BBA Partners, LLC on March 3, 2010 for violations of general statewide construction storm water permit issued as State Water Board Order No. 99-08-DWQ. The Heights Development Project includes construction of a road with utilities for future development of 8 to 10 houses on Valley View Road in Poway. The NOV states that BBA Partners, LLC failed to reduce pollutants in storm water discharges to the best available technology economically achievable and best conventional pollutant control technology performance standard; and allowed discharges of material other than storm water (e.g. sediment) to a separate storm sewer system.
City of Poway, Municipal Storm Water Program
NOV No. R9-2010-0013 was issued to the City of Poway on March 2, 2010 for violations of Order No. R9-2007-0001, the municipal storm water permit for municipalities in San Diego County. The NOV was issued for failing to implement, or require the implementation of, designated minimum BMPs and additional measures necessary to comply with the storm water permit at the Heights Development Project.
City of San Marcos, Municipal Storm Water Program
NOV No. R9-2010-0022 was issued to the City of San Marcos on March 2, 2010 for violations of Order No. R9-2007-0001, the municipal storm water permit for municipalities in San Diego County. The NOV was issued for failing to verify, prior to occupancy, that post-construction treatment best management practices (BMPs) at priority development projects were installed. The NOV requests a written response by June 30, 2012 verifying that work to install the missing treatment control BMPs is complete.
San Diego Wild Animal Park, Escondido
NOV No. R9-2010-0058 was issued to the San Diego Wild Animal Park on March 2, 2010 for violations of discharge specifications in waste discharge requirements (WDRs) issued by the San Diego Water Board as Order No. 99-04. The NOV cites inaccurate reporting of total coliform values and failure to implement corrective actions in response to multiple violations of total coliform effluent violations that have occurred since April 2005.
STAFF ENFORCEMENT LETTERS (SEL)
Conoco Philips, Former 76 Station, San Marcos
An SEL was issued to Stantec Consulting Corporation, representing Conoco Philips, on March 8, 2010 for violations of reporting, monitoring frequencies, and discharge specifications for total dissolved solids, sodium absorption ratio, and zinc in WDRs issued by the San Diego Water Board as Order R9-2008-0138. The SEL requests that the discrepancies be addressed within the next quarterly monitoring report, which is due on April 30, 2010.
H.G. Fenton Company, Fox-Miller Property Project, Carlsbad
An SEL was issued to H.G. Fenton Company on March 16, 2010 for violations of four requirements of Clean Water Act section 401 Water Quality Certification No. 04C-028. The violations include failure to provide a draft or final preservation mechanism for the mitigation site, failure to notify commencement of construction activities, failure to submit an annual mitigation report, and failure to provide the required amount of mitigation. The SEL requests a written response by April 15, 2010 that describes how the violations will be resolved.
All Seasons RV Park and Campground, Escondido
An SEL was issued to All Seasons RV Park and Campground on March 22, 2010 for violations of discharge specifications within WDR Order No. 94-05. Three violations of effluent concentrations for biological oxygen demand, boron, and chloride were cited based on monitoring reports for January to December 2009.
Pulte Home Corporation, Silverhawk III Project, Riverside County
An SEL was issued to Pulte Home Corporation on March 23, 2010 for violating Clean Water Act section 401 Water Quality Certification No. 02C-183 by failing to provide an as-built report for the habitat mitigation site associated with the Silverhawk III development project in unincorporated Riverside County.
Carlsbad Municipal Water District, Carlsbad Water Recycling Facility
An SEL was issued to the Carlsbad Municipal Water District on March 23, 2010 for violations of Discharge Specifications within WDR Order No. 2001-352. Six monthly and one daily maximum effluent limitations were exceeded for manganese between August 2009 and January 2010.
