San Diego Region - Enforcement Actions for February 2013

Enforcement Actions for February 2013

Staff Contact: Chiara Clemente

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

Notices of Noncompliance with the Storm Water Enforcement Act of 1998 (2)
Staff Enforcement Letters (10)

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/

Notice of Noncompliance with the Storm Water Enforcement Act of 1998

Jimenez & Sons Towing LLC-Auto Transport and Storage, San Diego
A Notice of Noncompliance was sent to Mr. Raudel Jimenez, owner of Jimenez & Sons Towing LLC-Auto Transport and Storage in San Diego, on February 12, 2013 for failure to enroll in the statewide General Industrial Storm Water Permit 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.

All Ways Recycling, El Cajon
A Notice of Noncompliance was also sent to Mr. Kyle Neal, owner of All Ways Recycling in Cajon, on February 12, 2013 for failure to enroll in the statewide General Industrial Storm Water Permit 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.

Staff Enforcement Letters

Olivenhain Municipal Water District, 4S Ranch Water Recycling Facility
A Staff Enforcement Letter (SEL) was issued to the Olivenhain Municipal Water District on February 6, 2013 for violating effluent limits in Waste Discharge Requirements (WDR) of Order No. R9-2003-007. Specifically, the 12-month average discharge limit for Percent Sodium was exceeded on April 4, 2012. Also, the effluent coliform bacteria sample collected on November 7, 2012 exceeded the instantaneous maximum limit of 240 MPN/100 mL.

City of San Clemente Water Reclamation Plant, San Clemente
An SEL was issued to the City of San Clemente on February 6, 2013 for exceeding the effluent coliform bacteria instantaneous maximum effluent limit of 240 MPN/100 mL contained in WDR Order No. R9-2003-0123, with a value of >16,000 MPN/100 mL on May 14, 2012.

Southern Region Tertiary Treatment Plant, USMC Camp Pendleton
An SEL was issued to USMC Camp Pendleton on February 6, 2013 for violating effluent limits in WDR Order No. R9-2009-0021. Specifically, the daily maximum discharge specification for chloride, established in the Order as 325 mg/L, was exceeded on August 5, September 3, October 2, and November 4, 2012.

Staff enforcement letters to Agricultural and Nursery Operations
SELs were sent on February 12, 2013 to four parties (Anderson, Backstrom, Sibrian, and Walters) identified as not enrolled in the conditional waiver of waste discharge requirements for agricultural and nursery operations (Ag Waiver). The Ag Waiver requires any member who ceases to participate in a monitoring group to file an (individual) Notice of Intent with the San Diego Water Board within 30 days of cessation. The letter stated that identified parties have until March 1, 2013 to notify the Water Board of any changes in their enrollment, ownership, management, or operation.

Sewage Treatment Plant No. 9, USMC Camp Pendleton
An SEL was issued to USMC Camp Pendleton on February 13, 2013 for effluent and reporting violations of WDR Order No. 98-04 at Sewage Treatment Plant No. 9. Specifically, effluent pH values were reported as 9.1 on both September 5 and 19, 2012, exceeding the instantaneous maximum of 9. Also, effluent pH was not reported for the week of September 20, 2012.

Sewage Treatment Plant No. 11, USMC Camp Pendleton
An SEL was issued to USMC Camp Pendleton on February 13, 2013 for reporting violations of WDR Order No. 97-13 at Sewage Treatment Plant No. 11. Specifically, effluent biological oxygen demand (BOD) values were not reported for the week of May 16, 2012, and effluent pH was not reported for the week of September 20, 2012.

Sewage Treatment Plant No. 12, USMC Camp Pendleton
An SEL was issued to USMC Camp Pendleton on February 13, 2013 for reporting violations of WDR Order No. 98-05 at Sewage Treatment Plant No. 12. Specifically, effluent BOD values were not reported for the week of May 16, 2012, and effluent pH was not reported for the week of September 20, 2012.