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San Diego Region - Active Administrative Civil Liability Complaints

ACL Complaint R9-2008-0080 against City of San Marcos

City of San Marcos, Bradley Park Landfill. On September 26, 2008 the Regional Board issued ACL Complaint R9-2008-0080 in the amount of $59,975 to the City of San Marcos for failure to submit information required pursuant to Investigative Order (IO) R9-2006-0044. IO R9-2006-0044 required the City of San Marcos to submit a Report of Waste Discharge to the Regional Board by May 18, 2007. On January 30, 2008 the City submitted an incomplete Report of Waste Discharge that failed to meet the directives outlined in the IO. As of September 26, 2008, an adequate Report of Waste Discharge is 492 days late. A public hearing is tentatively scheduled for December 10, 2008. For more information please contact Amy Grove at 858-637-7136.

ACL Complaint R9-2008-0033 against Ametek, Inc.

Ametek Inc., property at 790 Greenfield Drive in the City of EI Cajon, California. On October 7, 2008, the Regional Board issued ACL Complaint R9-2008-0033 in the amount of $2,269,000 to Ametek, Inc. for violations of Cleanup and Abatement Order R9-2002-0201 (CAO). Alleged violations include failure to install and collect groundwater samples in accordance with Directive 1.e of the CAO, failure to submit a complete Delineation Report by April 30, 2003 as required by Directive No.1 of the CAO, as amended, failure to submit a complete Feasibility Study Report by January 16, 2004 as required by Directive NO.3 of the CAO, as amended. A public hearing is tentatively scheduled for December 10, 2008. For more information please contact Laurie Walsh at 858 467-2970.

     

ACL Complaint R9-2008-0057 against Santa Margarita Water District

On September 22, 2008, the California Regional Water Quality Control Board, San Diego Region (Regional Board) issued Complaint R9-2008-0057 against the Santa Margarita Water District in the amount of $133,190 for discharges of 887,934 gallons of untreated sewage to San Juan Creek and Cristianitos Creek from two incidents occurring in April and July 2007. The discharges were in violation of Order R9-2007-0005, Waste Discharge Requirements for Sewage Collection Agencies in the San Diego Region.

A public hearing is scheduled for the December 10, 2008 Regional Board meeting. Written comments regarding the allegations contained in Complaint R9 2008-0057 will be accepted through Monday, November 24, 2008. The Regional Board's December 10, 2008, meeting will be at the Regional Board office located at 9174 Sky Park Court, San Diego, California. The meeting will begin at 9:00 a.m. Oral comments for this item may be made during the meeting upon receipt of a request to speak. For more information regarding this matter please call Joann Cofrancesco at (858) 637-5589.

Additional information regarding the planned December 10, 2008 hearing, including a tentative ACL Order, can be found our agenda web page: Additional information regarding the planned December 10, 2008 hearing, including a tentative ACL Order, can be found our agenda web page: http://www.waterboards.ca.gov/sandiego/board_info/agendas/2008/dec_10/dec_10.shtml

ACL Complaint No. R9-2008-0046 with Mandatory Minimum Penalties against Kinder Morgan, MVT, SFPP, LP

On June 6, 2008, the California Regional Water Quality Control Board, San Diego Region (Regional Board) issued Complaint No. R9-2008-0046 to Kinder Morgan, MVT, SFPP, L.P in the amount of $229,000 for alleged violations of Regional Board Order No. R9-2001-0096, NPDES No. CAG919002, General Waste Discharge Requirements for Groundwater Extraction Waste Discharges from Construction, Remediation, and Permanent Groundwater Extraction Projects to Surface Waters Within the San Diego Region Except for San Diego Bay. On December 10, 2008 the Regional Board will consider a tentative Order imposing liability for allegations within the complaint against SFPP, L.P., an operating partnership of Kinder Morgan Energy Partners, L.P. For more information regarding this matter please call Jeremy Haas at (858) 467-2735.

Additional information regarding the planned December 10, 2008 Regional Board meeting, including a tentative ACL Order, can be found our agenda web page: http://www.waterboards.ca.gov/sandiego/board_info/agendas/2008/dec_10/dec_10.shtml

ACL Complaint No. R9-2005-0265 for Mandatory Minimum Penalties and Administrative Civil Liability against the City of Escondido, Hale Avenue Resource Recovery Facility

On December 30, 2005, the Assistant Executive Officer issued Administrative Civil Liability Complaint No. R9-2005-0265 against the City of Escondido for numerous violations resulting from the treatment, transport, and disposal of sewage from the Hale Avenue Resource Recovery Facility (HARRF). The Complaint includes both mandatory minimum penalties and discretionary liability as authorized by the California Water Code. A settlement adopted by the Regional Board in October 2006 was negated and remanded back to the Regional Board by the State Water Resources Control Board in October 2007. On November 12, 2008 the Regional Board will consider tentative Order R9-2008-0143 to impose the penalties recommended in Complaint No. R9-2005-0265.

A public hearing is scheduled for the November 12, 2008 Regional Board meeting, unless the discharger waives its right to a hearing. The Regional Board’s November 12, 2008 meeting will be at the Regional Board office at 9174 Sky Park Court, Suite 100, San Diego, CA. The meeting will begin at 9:00 a.m. Interested persons are invited to attend to express their views on the above items. Oral statements will be heard, but for accuracy of the record all important testimony should be in writing. To ensure that the Regional Board has the opportunity to fully study and consider written material, comments should be received in the Regional Board's office no later than 5:00 P.M. on Tuesday, October 28, 2008. Written comments received after 5:00 P.M. on Wednesday, November 5, 2008, will not be considered by the Regional Board. For more information please call Rebecca Stewart at 858 467-2966

ACL Complaint No. R9-2008-0019 for Mandatory Minimum Penalty against Bill and Heidi Dickerson, and Perry & Papenhausen Construction

  • On March 14, 2008, the Regional Board issued Complaint No. R9 2008-0019 against Bill & Heidi Dickerson, and Perry & Papenhausen Construction, Inc. in the amount of $45,000 for copper effluent violations of their construction dewatering discharge permit to San Diego Bay, R9-2000-0090. On May 20, 2008, the Regional Board amended the Complaint by reducing the number of alleged copper violations from 15 to 8 after receiving a letter from the Dickersons' legal counsel on April 21, 2008, questioning the Regional Board's calculation of the six-month median. The resultant MMP has thus been reduced from $45,000 to $24,000.

    A public hearing is scheduled for the November 12, 2008, Regional Board meeting. Written comments regarding the allegations contained in Amended Complaint No. R9 2008-0009, will be accepted through Tuesday, October 28, 2008. The Regional Board's November 12, 2008, meeting will be at the San Diego Regional Board Office, Board Room located at 9174 Sky Park Court, Suite 100, San Diego, California, 92123.. The meeting will begin at 9:00 a.m. Oral comments for this item may be made during the meeting upon receipt of a request to speak. For more information please contact Frank Melbourn at 858 467-2973