San Diego Region - Enforcement Actions for April 2013

Enforcement Actions for April 2013

Staff Contact: Chiara Clemente

During the month of April 2013, the San Diego Water Board issued the following enforcement actions:

Cleanup and Abatement Order (1)
Expedited Payment Letters (3)
Notices of Violations (5)
Notices of Noncompliance with Storm Water Enforcement Act of 1998 (2)
Staff Enforcement Letters (14)

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:

https://www.waterboards.ca.gov/water_issues/programs/enforcement/ 

https://www.waterboards.ca.gov/water_issues/programs/ciwqs/publicreports.html

https://geotracker.waterboards.ca.gov/

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/

Cleanup and Abatement Order 

Rancho Guejito Corporation, Escondido
On April 23, 2013, the Executive Officer issued Cleanup and Abatement Order No. R9-2013-0009 to Rancho Guejito Corporation (RGC), pursuant to Water Code sections 13267 and 13304.  On or about July 25, 2011, RGC graded a new approximately 6,000 foot (1.14 miles) long road through the property.  Grading disturbed 8.59 acres of which 6.49 acres were designated as critical habitat for the Arroyo Toad.  The placement of fill impacted 0.04 acre of non-wetland waters of the United States (0.08 acre of waters of the state) and 367 linear feet of streambed.  This Order directs the Rancho Guejito Corporation to clean up and abate the effects of the unauthorized discharge of debris, sediment, and fill to Guejito Creek and its unnamed tributaries, and to submit technical reports to the San Diego Water Board.

Expedited Payment Letters

In February of 2011, the Board endorsed the use of Expedited Payment Letters (EPLs) as an alternative to the formal complaint process for resolving mandatory penalties.  If a discharger agrees to the settlement offer, the signed agreement is publicly noticed for a 30-day comment period to comply with federal regulations regarding settlement of Clean Water Act violations. If after 30 days the Board receives no substantive comments in objection to the settlement agreement, the Executive Officer has the delegated authority to approve and finalize the settlement order.  The following is a list of recently approved EPLs.  
 
Sweetwater Authority, San Diego County
On April 12, 2013, the Executive Officer accepted EPL No. R9-2013-0031, with the Sweetwater Authority, in settlement of liability totaling $6,000 of mandatory minimum penalties pursuant to Water Code section 13385(i), for two effluent violations of NPDES Order No. R9-2010-0012. 

South Orange County Wastewater Authority, Aliso Creek Ocean Outfall
On April 15, 2013, the Executive Officer accepted EPL No. R9-2013-0049, issued to the South Orange County Wastewater Authority in settlement of liability totaling $3,000 of mandatory minimum penalties pursuant to Water Code section 13385(i), for one effluent violation of NPDES Order No. R9-2006-0055. 

MAC Cabinetry, Vista
On April 25, 2013, the Executive Officer accepted EPL No. R9-2013-0020, issued to MAC Cabinetry in settlement of liability totaling $1,500 of mandatory penalties pursuant to Water Code 13399.33 for failing to submit an annual report pursuant to NPDES Order No 97-03-DWR; State Water Resources Control Board General Permit For Storm Water Discharges Associated With Industrial Activities. 

Notices of Violation

Otay Ventures II, LLC/Landbank Group, San Diego County
Notice of Violation No. R9-2013-0055 was issued to Otay Ventures II, LLC/Landbank Group on April 2, 2013 for violations of Order No. 97-40, Waste Discharge Requirements for Closure and Post-Closure Maintenance for the Class I Waste Management Containment Cell, Omar Rendering Facility, and violations of Cleanup and Abatement Order No. R9-2003-0080 for the Former Omar Rendering Facility in San Diego County.  The alleged violations include illegal discharge of wastes, unauthorized storage of contaminated groundwater, failure to maintain the drainage facilities, and failure to notify of a change in ownership. 

Pacifica Flowers, Oceanside
Notice of Violation No. R9-2013-0062 and a request for information pursuant to Water Code section 13267 was issued to Pacifica Flowers on April 9, 2013 for failure to enroll in Conditional Waiver No. 4 for Discharges From Agricultural and Nursery Operations, as required pursuant to Water Code section 13260(a)(1). This violation was identified through a compliance inspection dated January 29, 2013.

Martinez Farms, Inc., San Diego
Notice of Violation No. R9-2013-0060 and a request for information pursuant to Water Code section 13267 was issued to Martinez Farms, Inc. on April 9, 2013 for failure to enroll in Conditional Waiver No. 4 for Discharges From Agricultural and Nursery Operations, as required pursuant to Water Code section 13260(a)(1).  This violation was identified through a compliance inspection dated January 23, 2013.

All Toyo Lex Auto Recycling, Chula Vista
Notice of Violation No. R9-2013-0077 was issued to All Toyo Lex Auto Recycling Group on April 23, 2013 for violations of Order No. 97-03-DWQ, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities.  The alleged violations include failure to implement structural and nonstructural Best Management Practices (BMPs) and failure to pay annual fees. 

Hale Avenue Resource Recovery Facility, City of Escondido
Notice of Violation No. R9-2013-0081 and a request for information pursuant to Water Code section 13267 was issued to the City of Escondido for a discharge of 249,840 gallons of untreated sewage to waters of the United States in August of 2011 in violation of Order No. 2006-0003-DWQ and Order No. R9-2007-0005, State and Regional Waste Discharge Requirements for Sewage Collection Agencies, respectively. 

Notice of Noncompliance with Storm Water Enforcement Act of 1998

Atlas Construction Supply Inc., San Diego
A Notice of Noncompliance was sent to Atlas Construction Supply Inc. in San Diego, on April 5, 2013 for failure to enroll in NPDES Order No. 97-03-DWQ, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. This Notice was the first to inform the discharger that, pursuant to Water Code section 13399.30(a), failure to enroll is subject to mandatory penalties.  If a Notice of Intent to enroll is not submitted within 60 days of the first 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.

Phamatech Laboratories & Diagnostics, San Diego
A Notice of Noncompliance was sent to Phamatech Laboratories & Diagnostics in San Diego, on April 26, 2013 for failure to enroll in NPDES Order No. 97-03-DWQ, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. This Notice was the first to inform the discharger that, pursuant to Water Code section 13399.30(a), failure to enroll is subject to mandatory penalties. 

Staff Enforcement Letters (SEL)

U.S. Marine Corps Base Camp Pendleton, Southern Regional Tertiary Treatment Plant
An SEL was issued to USMCB Camp Pendleton on April 24, 2013 for multiple unauthorized plant discharges from November 2012 to January 2013 and violations of the reporting requirements contained in NPDES Order No. R9-2008-0096.

USMCB Camp Pendleton, Southern Regional Tertiary Treatment Plant
An SEL was issued to USMCB Camp Pendleton on April 29, 2013 for an unauthorized plant discharge in February 2013 and violations of the reporting requirements contained in NPDES Order No. R9-2008-0096.

Staff Enforcement Letters to Agricultural and Nursery Operations 
During the month of April, SELs were sent to 12 parties identified as not enrolled in Conditional Waiver No. 4  of waste discharge requirements for agricultural and nursery operations (see table below).