San Diego Region - Enforcement Actions for August 2012

Enforcement Actions for August 2012

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

Time Schedule Order (1)
Notices of Noncompliance with Storm Water Enforcement Act of 1998 (3)
Staff Enforcement Letters (17)
Total (21)

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/

TIME SCHDULE ORDER

Fallbrook Public Utility District, San Diego County
On August 8, 2012 the San Diego Water Board adopted Time Schedule Order No. R9-2012-0005, establishing a time schedule for Fallbrook Public Utility District’s discharge to the Oceanside Ocean Outfall to comply with the total residual chlorine effluent limitations prescribed in NPDES Order No. R9-2012-0004.

NOTICE OF NONCOMPLIANCE WITH STORM WATER ENFORCEMENT ACT OF 1998

GM Materials, San Diego
A Notice of Noncompliance was sent on August 6, 2012 to GM Materials for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ. The Notice is the first to inform the discharger that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject it to mandatory penalties.  A second Notice will be sent after 30 days if the discharger 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.

T.B. Penick & Sons, San Diego
A Notice of Noncompliance was sent on August 7, 2012 to T.B. Penick & Sons for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ. The Notice is the first to inform the discharger that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject it to mandatory penalties.  A second Notice will be sent after 30 days if the discharger 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.

Basile Construction Inc., San Diego
A Notice of Noncompliance was sent on August 14, 2012 to Basile Construction Inc. for failure to enroll in the statewide General Industrial Storm Water Permit Order No. 97-03-DWQ. The Notice is the first to inform the discharger that, pursuant to Water Code section 13399.30(a)(2), failure to enroll will subject it to mandatory penalties.  A second Notice will be sent after 30 days if the discharger 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.

STAFF ENFORCEMENT LETTERS (SEL)

City of San Diego, E.W. Blom Point Loma Metropolitan Wastewater Treatment Plant
An SEL was issued to the City of San Diego on August 9, 2012 for exceeding the instantaneous maximum requirement for settleable solids of Order No. R9-2009-0001 on November 23, 2011 from the E.W. Blom Point Loma Metropolitan Wastewater Treatment Plant.

Driscoll Custom Boats, San Diego Bay
An SEL was issued to Driscoll Custom Boats on August 10, 2012 noting multiple reporting violations of Order No. R9-2005-0147 due to missing, late, and incomplete monitoring report submittals.

Dana Point Shipyard, Dana Point
An SEL was issued to Dana Point Shipyard on August 10, 2012 noting reporting violations of Order No. R9-2006-0019 due to late monitoring report submittals.

Koehler Kraft, San Diego Bay
An SEL was issued to Koehler Kraft on August 10, 2012 noting reporting violations of Order No. R9-2005-0150 due to missing information in monitoring report submittals.

Knight & Carver Yachtcenter, San Diego Bay
An SEL was issued to Knight & Carver Yachtcenter on August 10, 2012 noting reporting violations of Order No. R9-2005-0149 due to missing or late monitoring report submittals.

Nielsen Beaumont Marine, San Diego Bay
An SEL was issued to Nielsen Beaumont Marine on August 10, 2012 noting reporting violations of Order No. R9-2005-0151 due to missing or late monitoring report submittals.

Oceanside Marine Center, Inc., Oceanside
An SEL was issued to Oceanside Marine Center Inc. on August 10, 2012 noting reporting violations of Order No. R9-2006-0021 due to missing information in monitoring report submittals.

Cowboy Country RV and Resort, Aguanga
An SEL was issued to P.M.E. Mortgage Fund Inc. on August 10, 2012 noting missing monitoring report submittals required by WDR Order No. 94-02 for the Cowboy Country RV and Resort in Riverside County.

National City, Sanitary Sewer Collection System
An SEL was issued to National City on August 15, 2012 noting deficiencies with requirements of State Board Order No. 2006-0003-DWQ identified by a USEPA contractor during a February 22, 2012 compliance inspection of the City’s sanitary sewer collection system program.  The deficiencies noted fall under the categories of SSO reporting and documentation, operation and maintenance, and overflow emergency response plan.

City of La Mesa, Sanitary Sewer Collection System
An SEL was issued to the City of La Mesa on August 15, 2012 noting deficiencies with requirements of State Board Order No. 2006-0003-DWQ identified by a USEPA contractor during a February 22, 2012 compliance inspection of the City’s sanitary sewer collection system program.  The deficiencies noted fall under the categories of SSO reporting and documentation, operation and maintenance, and overflow emergency response plan.

City of Encinitas, Sanitary Sewer Collection System
An SEL was issued to the City of Encinitas on August 16, 2012 noting deficiencies with requirements of State Board Order No. 2006-0003-DWQ identified by a USEPA contractor during a February 24, 2012 compliance inspection of the City’s sanitary sewer collection system program.  The deficiencies noted fall under the category of SSO reporting and documentation.

Sweetwater Authority, Richard A. Reynolds Desalination Facility
An SEL was issued to the Sweetwater Authority on August 20, 2012 for exceedances of the total recoverable nickel instantaneous maximum and monthly average limits contained in Order No. R9-2010-0012, on January 30, 2012, from the Sweetwater Authority’s Richard A. Reynolds Desalination Facility.  Pursuant to CWC section 13385(h) these violations are subject to mandatory minimum penalties of $3,000 for each violation.

City of Oceanside, La Salina Wastewater treatment Plant
An SEL was issued to the City of Oceanside on August 20, 2012 for exceedances in August 2011of the weekly and monthly average effluent limitations of Carbonaceous Biological Demand (CBOD) contained in Order No. R9-2010-0016 for discharges from the La Salina Wastewater Treatment Plant to the Oceanside Ocean Outfall.

Encina Wastewater Authority, San Diego County
An SEL was issued to Encina Wastewater Authority on August 20, 2012 noting a reporting violation from a missing monitoring result in the August 2011 monthly monitoring report submitted in accordance with the requirements of NPDES Order No. R9-2011-0019 for discharge to the Encina Ocean Outfall.

Encina Wastewater Authority, San Diego County
Another SEL was issued to Encina Wastewater Authority on August 20, 2012 noting a reporting violation from a missing monitoring result in the November 2011 monthly monitoring report submitted in accordance with the requirements of NPDES Order No. R9-2011-0019 for discharge to the Encina Ocean Outfall.

Padre Dam Municipal Water District, Ray Stoyer Water Recycling Facility
An SEL was issued to Padre Dam Municipal Water District on August 28, 2012 for multiple exceedances of the maximum flow limits contained in Order No. R9-2009-0037, during January-April 2011, from the Ray Stoyer Water Recycling Facility.  The discharger also exceeded the seven-day median Total Coliform effluent limit on October 6, 2011.  Pursuant to CWC section 13385(h) these violations are subject to mandatory minimum penalties of $3,000 for each violation.

San Elijo Joint Powers Authority, San Elijo Water Reclamation Facility
An SEL was issued to San Elijo Joint Powers Authority on August 28, 2012 for missing monitoring information and exceeding the instantaneous maximum effluent limit for pH on July 26, 2007 and the instantaneous maximum effluent limit for settleable solids on August 1, 2007. Pursuant to CWC section 13385(h) some of these violations are subject to mandatory minimum penalties of $3,000 for each violation.