San Diego Region - Enforcement Actions for January 2013
Enforcement Actions for January 2013
Staff Contact: Chiara Clemente
During the month of January 2013, the San Diego Water Board issued the following enforcement actions:
Cleanup and Abatement Order (1)
Notices of Violation (2)
Staff Enforcement Letter (71)
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, San Diego County
Tentative Cleanup and Abatement Order (TCAO) No. R9-2013-0009 was sent to the Rancho Guejito Corporation on January 4, 2013 for the alleged discharge of sediment, debris, and fill to Guejito Creek and its tributaries by the unauthorized road grading of 8.59 acres, filling at least five tributaries to Guejito Creek. The unauthorized activities occurred on or about July 25, 2011 and were originally identified by the San Diego Water Board in Notice of Violation No. R9-2012-0040 (March 22, 2012). The TCAO orders restoration of the creek and tributaries to pre-grading conditions, and removal of waste and abatement of the effects of road grading side-cast sediment discharged, and threatening to discharge, to Guejito Creek. The deadline for written comments was February 1, 2013. The Prosecution Team will review the comments received and respond as necessary prior to final action by the Executive Officer. As a pending adjudicatory proceeding, there is to be no ex parte communications with any party, including the Prosecution or Advisory Teams identified.
Notice of Violations
City of San Diego, Arizona Street Landfill
Notice of Violation No. R9-2012-0028 was issued to the City of San Diego on January 16, 2013 for violations of Order Nos. R9-2012-0001 and R9-2012-0002, General Waste Discharge Requirements and Monitoring and Reporting Program for Maintenance and Monitoring of Closed, Abandoned, or Inactive Nonhazardous Solid Waste Units within the San Diego Region. The alleged violations include the failure to provide an annual site conditions certification report, failure to adequately maintain the landfill cover, failure to adequately manage the onsite soil stockpile, failure to meet surface drainage requirements, and failure to upload report information to Geotracker.
City of Encinitas, Hall Property Park
Notice of Violation No. R9-2013-0008 was sent to the City of Encinitas on January 24, 2013 for violations of general NPDES Order No. 2009-0009-DWQ, General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. The alleged violations include failure to comply with discharge prohibitions, failure to adequately implement erosion control Best Management Practices (BMPs), failure to adequately implement sediment control BMPs, and failure to adequately implement run-on and run-off controls.
Staff Enforcement Letter
US Navy Remote Training Site Wastewater Treatment Plant, Warner Springs
A Staff Enforcement Letter (SEL) was issued to the Southwest Naval Facilities Command on January 4, 2013 for violations of WDR Order No. 93-11. The violations were identified during a December 18, 2012 staff inspection of the US Navy Remote Training Site wastewater treatment plant. Specifically, the spray irrigation field signs were damaged and outdated, and the spray irrigation field gate was in need of repairs in order to prevent human contact with treated wastewater.
Encina Wastewater Authority, Encina Ocean Outfall
A SEL was issued to the Encina Wastewater Authority on January 7, 2013 for violating effluent requirements in NPDES Order No. R9-2011-0019. Specifically, the average weekly and monthly effluent limitations and the instantaneous maximum effluent limitation for oil and grease were exceeded with one sample collected in November 2012. The corresponding mass emission rates were exceeded as well. These exceedances are subject to mandatory minimum penalties pursuant to California Water Code Section 13385.
City of San Diego, South Bay Water Reclamation Plant
A SEL was issued to the City of San Diego on January 9, 2013 for exceeding the total chlorine residual instantaneous maximum limit of 5,700 µg/L contained in NPDES Order No. R9-2006-0067 with a value of 21,200 µg/L on November 7, 2011. This exceedance is subject to a mandatory minimum penalty pursuant to California Water Code Section 13385.
City of Escondido, Hale Avenue Resource Recovery Facility
A SEL was issued to the City of Escondido on January 23, 2013 for violating effluent requirements in WDR Order No. R9-2010-0032. Specifically, the effluent chlorine contact time was below the minimum required contact time of 450 mg-min/L on July 4, 2012.
Marine Group Boat Works (formerly South Bay Boat Yard), San Diego Bay
A SEL was issued to Marine Group Boat Works on January 31, 2013 for violating monitoring requirements in NPDES Order No. R9-2005-0153. Specifically, multiple monitoring reports were either late or missing for the period of April 2007 to September 2012.
Staff enforcement letters to Agricultural and Nursery Operations
Staff enforcement letters were sent to sixty-six parties identified as not enrolled in the conditional waiver of waste discharge requirements for agricultural and nursery operations (Ag Waiver) on January 31, 2013. 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 February 19, 2013 to notify the Water Board of any changes in their enrollment, ownership, management, or operation. Failure to provide such notification will result in progressive enforcement, including Administrative Civil Liabilities. Thus far, the San Diego Water Board has received over 32 responses. Based on the information received, 23 dischargers provided proof of re-enrollment in a monitoring group and 9 dischargers provided evidence that they were no longer farming. Additionally, with properties that had been sold, two new owners/operators were contacted and have since enrolled in a monitoring group. The remaining dischargers have been non-responsive.
