San Diego Region - Enforcement Actions for December 2011

Enforcement Actions for December 2011

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

Cleanup and Abatement Order Addenda (3)
Notices of Noncompliance with Storm Water Enforcement Act of 1998 (2)
Notice of Violation (1)
Staff Enforcement Letters (4)
Total (10)

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/

CLEANUP AND ABATEMENT ORDERS (CAO)

Kinder Morgan Energy Partners, Mission Valley Terminal, San Diego
Addendum No. 7 to CAO No. 92-01 was issued to Kinder Morgan Energy Partners on December 20, 2011.  The CAO was issued in 1992 in response to the unauthorized discharge of petroleum hydrocarbons to soil and groundwater at facilities collectively referred to as the Mission Valley Terminal.  The addendum adapts the Monitoring and Reporting program to reflect results that demonstrate remediation monitoring is no longer necessary in the primary off-terminal LNAPL zone.  Additional information on the cleanup activities to date and the purpose of the revised monitoring requirements are provided in Part B of this month’s EO report.

Chevron Environmental Management Company, Service Station No. 9-8719, San Juan Capistrano
Addendum No. 1 to CAO No. R9-2010-0019 was issued on December 6, 2011 to the Chevron Environmental Management Company to reduce the frequency and analyses required for the groundwater monitoring program.  The revisions are appropriate to evaluate remedial performance objectives, natural attenuation, and plume delineation.

Chevron Environmental Management Company, Service Station No. 9-3417, San Juan Capistrano
Addendum No. 2 to CAO No. R9-2009-0124 was issued on December 6, 2011 to the Chevron Environmental Management Company to reduce the frequency and analyses required for the groundwater monitoring program.  The revisions are appropriate to evaluate remedial performance objectives, natural attenuation, and plume delineation.

NOTICES OF NONCOMPLIANCE (NONC) WITH STORM WATER ENFORCEMENT ACT OF 1998

Our Planet Recycling, Escondido
A second Notice of Noncompliance was sent on December 20, 2011 to Our Planet Recycling for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ.  The Notice is the second to inform the discharger that, pursuant to Water Code section 13399.30, 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.

American Cab Company, San Diego
A second Notice of Noncompliance was sent on December 20, 2011 to American Cab Company for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ.  The Notice is the second to inform the discharger that, pursuant to Water Code section 13399.30, 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.

NOTICE OF VIOLATION (NOV)

Padre Dam Municipal Water District, Padre Dam Water Reclamation Facility, Santee
An NOV was issued to Padre Dam Water Reclamation Facility on December 7, 2011 for reporting and effluent violations of Order No. R9-2009-0037.  Reporting violations include seven instances of failure to monitor and report pH, specific conductivity, turbidity, coliforms, biochemical oxygen demand, and odor.  The NOV also cites three violations of effluent limitations for total recoverable manganese, turbidity, and dissolved oxygen.  In addition, the daily average effluent limitation for flow rate was exceeded three times.  The violations occurred in 2009 and 2010.

STAFF ENFORCEMENT LETTERS (SEL)

US Navy Public Work Graving Dock, San Diego
An SEL was issued to the US Navy on December 28, 2011 for violations of Order No. R9-2003-0265 pertaining to the Public Work Graving Dock.  Numerous reporting, and sampling violations are cited covering the period May 2007 through September 2011.

Eastern Municipal Water District, Temecula Valley Regional Water Reclamation Facility
An SEL was issued to the Eastern Municipal Water District on December 30, 2011 for three violations of the daily maximum effluent limitation for coliform in Order No. 2000-165 that occurred between March 31 and July 2, 2011.

San Diego Zoo Safari Park, Escondido
An SEL was issued to the San Diego Zoo Safari Park on December 30, 2011 for five violations of the coliform maximum effluent limitations established in Addendum No. 1 to Order No. 99-04 that occurred in October 2011.

Carlsbad Municipal Water District, Carlsbad Water Recycling Facility, Carlsbad
An SEL was issued to the Carlsbad Municipal Water District on December 12, 2011 for 35 violations of Order No. R9-2001-0352. The daily average turbidity effluent concentration and the daily maximum iron effluent limitation were exceeded one time each. The daily maximum manganese effluent limitation was exceeded 32 times. The violations occurred from April through September 2011.