San Diego Region - Enforcement Actions for August 2011

Enforcement Actions for August 2011

During the month of August 2011, the San Diego Water Board initiated the following enforcement actions:

Notice of Noncompliance with Storm Water Enforcement Act of 1998 (4)
Notice of a Violation (1)
Staff Enforcement Letters (4)
Total (9)

In addition to the summary of recent regional enforcement actions provided below, access to information on violations, enforcement actions, and mandatory minimum penalties (MMPs) is available to the public from the following State Water Resources Control Board Internet webpages:

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/

NOTICE OF NONCOMPLIANCE (NONC) WITH STORM WATER ENFORCEMENT ACT OF 1998, SECOND NOTICE

Multiple Parties
Second Notices of Noncompliance were sent in August 2011 to four parties for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ.  The Notices are the second to inform the dischargers that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject it to mandatory penalties.  If a Notice of Intent to enroll is not submitted within 30 days of the second Notice, the violation will be subject to a mandatory penalty of not less than $5,000 per year of noncompliance plus staff costs pursuant to Water Code section 13399.33.

Parties Receiving 2nd NONC
Atlas Wood Products: 8075 Siempre Viva Road, San Diego
Federal Recycling: 6144 Federal Boulevard, San Diego
Palm Avenue Recycling: 1705 Palm Avenue, San Diego
California Precision Products, Inc.: 6790 Flanders Drive, San Diego

NOTICE OF VIOLATION (NOV)

San Juan Creek Ocean Outfall, South Orange County Wastewater Authority
An NOV was issued to South Orange County Wastewater Authority on August 15, 2011 for a violation of the instantaneous maximum for settleable solids contained in Order No. R9-2006-0054 during the month of December 2010 from the Jay B. Latham Regional Treatment Plant.

STAFF ENFORCEMENT LETTERS (SEL)

CVS Realty Company, La Jolla
An SEL was issued to CVS Realty Company on August 15, 2011 for four violations of acute and chronic toxicity effluent limitations in Order No. R9-2008-0002 (General Waste Discharge Requirements and NPDES Permit for discharges from groundwater extraction waste to surface waters within the San Diego Region except for San Diego Bay) that occurred in April and July 2011.

City of Oceanside, Oceanside Ocean Outfall
An SEL was issued to the City of Oceanside on August 15, 2011 for monitoring deficiencies between 2008 and 2010 that were inconsistent with Order No. R9-2005-0136 (Waste Discharge Requirements for the City of Oceanside, San Luis Rey, and La Salina Wastewater Treatment Plants and Brackish Groundwater Desalination Facility, San Diego County).

Cabrillo Power I LLC, Encina Power Plant, Carlsbad
An SEL was issued to Cabrillo Power I LLC, on August 18, 2011 for one violation of Order No. R-2006-0043 (Waste Discharge Requirements for Cabrillo Power I LLC, Encina Power Plant, San Diego County) that occurred in February 2010. The required hold time for the turbidity analysis (EPA Method 180.1) on the Discharge sample taken February 22, 2010, was not met.

Sweetwater Authority, Richard A. Reynolds Desalination Facility
An SEL was issued to the Sweetwater Authority on August 25, 2011 for seven violations of maximum daily effluent limitations for total nitrogen, total recoverable nickel, total recoverable copper, and phosphorus in Order No. R9-2010-0012 (Waste Discharge Requirements and NPDES Permit for the Sweetwater Authority Richard A. Reynolds Desalination Facility, Discharge to the Lower Sweetwater Basin) that occurred in 2010. Five of the violations are subject to mandatory minimum penalties of $3,000 each pursuant to California Water Code section 13385(h).