San Diego Region - Enforcement Actions for October 2011

Enforcement Actions for October 2011

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

Administrative Civil Liability Orders (2)
Notice of Noncompliance with Storm Water Enforcement Act of 1998 (2)
Staff Enforcement Letters (1)
Total (5)

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/

ADMINISTRATIVE CIVIL LIABILITY (ACL) ORDERS

Jack Eitzen, Murrieta
ACL Order No. R9-2011-0048 was issued to Mr. Jack Eitzen on October 12, 2011 in the amount of $381,450 for violations of State Water Board Order No. 99-08-DWQ, NPDES General Permit for Storm Water Discharges Associated with Construction Activity and Water Control Plan, San Diego Basin Prohibitions No. 1 and No. 14. The violations occurred during construction activities at 38175 Via Vista Grande, Murrieta, Riverside County between October 2007 and September 2010.

Jack Eitzen, Murrieta
ACL Order No. R9-2011-0049 was issued to Mr. Jack Eitzen on October 12, 2011 in the amount of $301,950 for violations of State Water Board Order No. 99-08-DWQ, NPDES General Permit for Storm Water Discharges Associated with Construction Activity. The violations occurred during construction activities at 38155 Via Vista Grande, Murrieta, Riverside County between January 2008 and March 2010.

NOTICE OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998, SECOND NOTICE

Multiple Parties
Notices of Noncompliance (NONC) were sent in October 2011 to two 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 this 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:

Diamond Concrete Supply, Inc., 6974 Mission Gorge Road, San Diego
VAS Engineering, Inc., 4750 Viewridge Avenue, San Diego

STAFF ENFORCEMENT LETTERS (SEL)

Kinder Morgan Energy Partners, Mission Valley Terminal, San Diego
An SEL was issued to the Kinder Morgan Energy Partners on October 17, 2011 for a violation of Addendum No. 5 to Cleanup and Abatement Order (CAO) No. 92-01 resulting from failure demonstrate that off-site soils had been cleaned up to the extent technically practical required by the CAO.