San Diego Region - Enforcement Actions for November 2011

Enforcement Actions for November 2011

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

Notice of Noncompliance with Storm Water Enforcement Act of 1998 (4)
Notice of Violation (4)
Staff Enforcement Order (2)
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/

NOTICE OF NONCOMPLIANCE (NONC) WITH STORM WATER ENFORCEMENT ACT OF 1988, FIRST NOTICE

Multiple Parties
Notices of Noncompliance (NONC) were sent in November 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 first 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 this first Notice, then a second Notice will be issued. Failure to enroll within 30 days of the second notice is a violation 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 1st NONC
Care Ambulance: 9770 Candida Street, San Diego
T.B. Penick & Sons, Inc.: 15435 Innovation Drive, San Diego
American Cab Company: 1540 National Avenue, San Diego
Our Planet Recycling: 432 Venture Street, Escondido

NOTICE OF VIOLATION (NOV)

Encina Wastewater Authority, Encina Ocean Outfall
An NOV was issued to the Encina Wastewater Authority on November 18, 2011 for eight violations of total suspended solids and carbonaceous biochemical oxygen demand discharge specifications, four violations of monitoring and reporting requirements, and 36 exceedances of the total residual chlorine performance goal in Orders No. R9-2005-0219 and R9-2011-0019.  Six of the effluent limitations occurred during the startup period for a newly constructed activated sludge treatment process in November 2007.

City of San Diego, Point Loma Wastewater Treatment Plant & Ocean Outfall
An NOV was issued to the City of San Diego on November 18, 2011 for five violations of discharge specifications for average monthly flow, minimum pH, settleable solids, and chronic toxicity in Order No. R9-2002-0025 that occurred between July 2005 and July 2010. Two of the settleable solids violations are subject to mandatory minimum penalties (Water Code section 13385(h)).

South Orange County Wastewater Authority, Aliso Creek Ocean Outfall
An NOV was issued to the South Orange County Wastewater Authority on November 28, 2011 for three violations of settleable solids and chronic toxicity effluent limitations and one monitoring requirement in Order No. R9-2006-0055 that occurred between March 2008 and March 2011.  One of the settleable solids violations is subject to a mandatory minimum penalty (Water Code section 13385(h)).

Miller’s Towing Company, El Cajon
NOV No. R9-2011-0076 was issued to Miller’s Towing Company on November 18, 2011 for two violations of Order No. 97-03-DWQ involving failure to develop a storm water management plan and failure to implement industrial storm water best management practices.

STAFF ENFORCEMENT LETTER (SEL)

Ramona Municipal Water District, Santa Maria Water Reclamation Facility
An SEL was issued to the Ramona Municipal Water District on November 16, 2011 for three violations of total dissolved solids and turbidity discharge specifications in Order No. R9-2000-177 that occurred between January and June 2011.

CVS Realty Company, CVS Drug Store, La Jolla
An SEL was issued to the CVS Realty Company on November 29, 2011  for two violations of toxicity effluent limitations in Order No. R9-2008-0002 that occurred between July and September 2011.