• Recently an associate was waxing eloquent, in a misinformed kind of way, about the lack of penalization for water polluters. Untrue, I countered. While certainly not all are caught, the CA state water board frequently sends out notice of violations and citations. Here are just the two most recent examples of how the state responds to complaints of illegal discharges into CA waterways.  See more pending liabilities and penalities at: http://www.waterboards.ca.gov/sanfranciscobay/public_notices/pending_enforcement.shtml

    The Complaint addresses three discharges from two EBMUD wet weather facilities (WWFs) and one diversion structure: the Point Isabel Wet Weather Facility in Richmond, Contra Costa County; the San Antonio Creek Wet Weather Facility in Oakland, Alameda County; and the Webster Street Diversion Structure in Alameda, Alameda County.  The discharges occurred on February 17, 2009, and October 13, 2009.

    The Discharger violated Order No. R2-2009-0004 (National Pollutant Discharge Elimination System [NPDES] Permit No. CA0038440) (2009 NPDES Permit); Cease and Desist Order No. R2-2009-0005 (2009 CDO); and State Water Resources Control Board (State Water Board) Order No. 2006-0003 DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (General WDR). More information can be found at: http://www.waterboards.ca.gov/sanfranciscobay/public_notices/pending_enforcement.shtml

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    The California Regional Water Quality Control Board, San Francisco Bay Region (Water Board) Prosecution Team issued a Complaint for Administrative Civil Liability (ACL) on July 15, 2010.  The Complaint alleges that HSR, Inc. is responsible for storm water discharges at two construction projects at Landfill 8 and Landfill 10 at the Presidio and proposes that the HSR, Inc. pay $118,085.

    The Complaint and related documents, including the procedure for Water Board hearings (with deadlines for submitting comments), are available at http://www.waterboards.ca.gov/sanfranciscobay/public_notices/pending_enforcement.shtml.  The Prosecution Team may amend and re-notice its Complaint in response to comments from the Discharger and the public.

    The Water Board will hold a hearing on October 13, 2010 to consider adoption of the ACL and/or referral of the matter to the Attorney General, unless the Discharger waives its right to a hearing within 90 days.  The 90-day hearing requirement may be waived to pay the penalty as proposed, extend deadlines, or pursue settlement and/or a supplemental environmental project.

    For additional information and updates, please contact Brian Thompson at (510) 622-2422 or brthompson@waterboards.ca.gov or check the Water Board’s website link cited above.