San Diego Region - Enforcement Actions for October 2012

Enforcement Actions for October 2012

During the month of October 2012, the San Diego Water Board initiated the following enforcement actions:

Administrative Civil Liability Complaint (1)
Notice of Noncompliance with Storm Water Enforcement Act of 1998 (32)
Notice of Violation (1)
Staff Enforcement Letters (1)
Total (4)

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:
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 COMPLAINT (ACLC)

Ariel Suites L.P., San Diego
ACL Complaint No. R9-2012-0065 with Mandatory Minimum Penalties (MMPs) was issued to Ariel Suites, L.P. on October 1, 2012 in the amount of $138,000 for violations of Order No. R9-2007-0034, NPDES No. CAG91001, General Waste Discharge Requirements for Discharges from Temporary Groundwater Extraction and Similar Waste Discharges to San Diego Bay, Tributaries Thereto Under Tidal Influence, and Storm Drains or Other Conveyance Systems Tributary Thereto.

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

Copart, San Diego
A Notice of Noncompliance was sent to Copart, in San Diego, 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. This Notice was the first to inform Copart 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 if Copart fails 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.

Multiple Parties
Notices of Noncompliance were also sent to 31 facilities (listed below) for failure to submit annual reports, in accordance with statewide General Industrial Storm Water Permit Order No. 97-03-DWQ, NPDES General Permit No. CAS000001, 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 13399.31(b), failure to submit these reports will subject them to mandatory penalties. Likewise, a second Notice will be sent after 30 days to any of the dischargers that fails to submit the required reports, and if the reports are not received within 30 days of the second Notice, the violation will be subject to a mandatory penalty pursuant to Water Code section 13399.33.

NOTICE OF VIOLATION (NOV)

Modern Stairways, Spring Valley
An NOV No. R9-2012-0067 was issued to Modern Stairways on October 16, 2012 for failure to implement structural BMPs and failure to submit annual reports, both in accordance with requirements in Order No. 97-03-DWQ, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities.

STAFF ENFORCEMENT LETTERS (SEL)

Scripps Institute of Oceanography, UC San Diego
An SEL was issued to Scripps Institute of Oceanography on October 29, 2012 for an exceedance of the monthly average limitations for PAHs and TCDD, and multiple exceedances of the daily maximum limitation for Chronic Toxicity, for discharges to the Pacific Ocean from January 2007 to April 2012, as contained in NPDES Order No. R9-2005-0008. Some of these violations are subject to mandatory minimum penalties, in accordance with Water Code section 13385 (h).