San Diego Region - Enforcement Actions for January 2011
Enforcement Actions for January 2011
During the month of January 2011, the San Diego Water Board initiated the following enforcement actions:
Administrative Civil Liability Orders (5)
Notice of Violation with section 13267 technical report (1)
Notices of Noncompliance with Storm Water Enforcement Act of 1998 (2)
Notice of Violation (1)
Staff Enforcement Letters (4)
Total (13)
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
California Integrated Water Quality System (CIWQS)
State Water Board GeoTracker database
In addition to the summary information provided below, access to information on violations, enforcement actions, and mandatory minimum penalties (MMPs) is available to the public from the State Water Resources Control Board Internet webpage at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/
ADMINISTRATIVE CIVIL LIABILITY (ACL) ORDERS
Eastern Municipal Water District, Temecula
ACL Order No. R9-2011-0010 against the Eastern Municipal Water District was adopted on January 12, 2011 in the amount of $353,200 for violations resulting from a 1.6 million gallon spill of raw, untreated sewage into Murrieta Creek that occurred on December 25, 2009.
Sea World, Inc., San Diego
ACL Order No. R9-2011-0011 against Sea World, Inc. was adopted on January 12, 2011 in the amount of $6,000 for two violations of Order No. R9-2005-0091. The violations are subject to mandatory minimum penalties pursuant to Water Code section 13385.
Fallbrook Public Utility District, Fallbrook
ACL Order No. R9-2011-0012 against the Fallbrook Public Utility District was adopted on January 12, 2011 in the amount of $3,000 for one violation of Order No. R9-2006-0002. The violation is subject to a mandatory minimum penalty pursuant to Water Code section 13385.
Russo Tile and Marble, Inc., El Cajon
ACL Order No. R9-2011-0013 against Russo Tile and Marble, Inc. was adopted on January 12, 2011 in the amount of $1,700 for one mandatory storm water reporting penalty violation of State Water Board Order No. 97-03-DWQ. The violation is subject to a mandatory minimum penalty pursuant to Water Code section 13399.33.
San Diego Truck Body & Equipment, Lemon Grove
ACL Order No. R9-2011-0014 against San Diego Truck Body & Equipment was adopted on January 12, 2011 in the amount of $4,916 for two reporting violations of State Water Board Order No. 97-03-DWQ and one discretionary penalty for failing to pay annual fees associated with Order No. 97-03-DWQ. The reporting violations are subject to mandatory minimum penalties pursuant to Water Code section 13399.33.
NOTICE OF VIOLATION WITH WATER CODE SECTION 13267 TECHNICAL REPORT
Black Mountain Ranch, LLC, San Diego
NOV No. R9-2011-0025 was issued to Black Mountain Ranch, LLC on January 25, 2011 for violations of Order No. 2009-009-DWQ, NPDES No. CAS000002, National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities at the Del Sur/Unit 14 construction site in San Diego. Violations cited include failure to prevent sediment-laden discharges, failure to implement best management practices, (BMPs) and failure to implement run-on and runoff controls. On December 22, 2010 San Diego Water Board inspectors observed lack of sediment and erosion controls led to discharges of sediment-laden water into Lusardi Creek, tributary to San Dieguito Creek and Lagoon. Pursuant to Water Code section 13267 Black Mountain Ranch, LLC is required to submit a technical report by February 25, 2011 that describes remedies to the identified deficiencies and other information regarding implementation of construction storm water BMP requirements of Order No. Order No. 2009-009-DWQ. In addition, Black Mountain Ranch, LLC is required to submit results from specific bioassessment, effluent, and receiving water monitoring activities by June 30, 2011 to determine the extent of the impacts and the effectiveness of BMPs used at the site.
NOTICES OF VIOLATION (NOV)
City of Temecula, Ronald Reagan Sports Park
NOV No. R9-2010-0157 was issued to the City of Temecula on January 13, 2011 for three violations of Clean Water Act section 401 Water Quality Certification No. 07C-113, including unauthorized discharges of turbid water, unauthorized maintenance of desiltation basins, and failure to submit annual reports associated with the Ronald Reagan Sports Park.
NOTICES OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998
Notice of Requirement to Enroll Under Industrial Storm Water General Permit
Notices of Noncompliance were sent on January 25, 2011 to two facilities (see below) for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000001 Waste Discharge Requirements (WDRs) for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. The Notices are the first to inform the dischargers that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject them to mandatory penalties. A second Notice will be sent after 30 days to any of the dischargers that fail to enroll. 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.
Quality Iron Products; 2500 Sweetwater Springs, Blvd; Spring Valley
Bart’s Iron Design Structural Steel; 25825 Las Vegas Ave; Capistrano Beach
STAFF ENFORCEMENT LETTERS (SEL)
El Guero Tire Shop and Repair, San Diego
An SEL was issued to Mr. and Mrs. Ramiro Montoya for violations of Investigative Order No. R9-2008-0011. The Investigative Order was issued on March 20, 2008 in response to a leak of gasoline from underground storage tanks at the El Guero Tire Shop and Repair facility at 2401 Imperial Avenue, San Diego. The Order required an investigation to determine the nature and extent of soil and groundwater contamination. The SEL was issued because neither the investigation’s work plan nor results have been submitted.
South Orange County Wastewater Authority, Multiple Facilities
An SEL was issued to the South Orange County Wastewater Authority on January 4, 2011 for numerous violations of Order No. 97-52 (Waste Discharge and Water Recycling Requirements for the Production and Purveyance of Recycled Water by Member Agencies of the South Orange County Reclamation Authority, Orange County) at two of its member agencies’ facilities that occurred in November 2010.
- The Moulten Niguel Water District Regional Plant was cited for one violation of the 12-month average discharge specification and one violation of the daily maximum discharge specification for manganese.
- The South Coast Water District Coastal Treatment Plant was cited for one violation of the daily maximum discharge specification for manganese and one violation of the 12-month average discharge specification for manganese.
Fallbrook Public Utility District, Treatment Plant No. 1
An SEL was issued to the Fallbrook Public Utility District on January 20, 2011 for one violation at the Treatment Plant No. 1 Facility of the 30-day average fluoride discharge specification in Order No. 91-39 that occurred in September 2010.
California Department of Forestry and Fire Protection, Puerta la Cruz Conservation Camp
An SEL was issued to the California Department of Forestry and Fire Protection on January 6, 2011 for three violations at the Puerta la Cruz Conservation Camp identified in the 2010 Annual Monitoring Report for Order No. 93-012. Cited violations include failure to include groundwater monitoring results for total dissolved solids (TDS) and chloride, failure to include supply water analyses for TDS, and failure to submit information regarding sewage sludge disposal.
