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February 9, 2017

Jerry Gruber, General Manager VIA ELECTRONIC AND CERTIFIED MAIL


Cambria Community Services District 7015 0640 0004 0693 5107
P.O. Box 65 RETURN RECEIPT REQUESTED
Cambria, CA 93428
Email: jgruber@cambriacsd.org

Dear Mr. Gruber:

ENFORCEMENT PROGRAM: CAMBRIA COMMUNITY SERVICES DISTRICT EMERGENCY,


WATER SUPPLY FACILITY, CAMBRIA, SAN LUIS OBISPO COUNTY TRANSMITTAL OF
THREE NOTICES OF VIOLATION FOR NON-COMPLIANCE WITH WASTE DISCHARGE
REQUIREMENTS ORDER NO. R3-2014-0047 AND NO. R3-2014-0050 AND REQUIREMENT
FOR INFORMATION

Central Coast Regional Water Quality Control Board (Water Board) staff met with Cambria
Community Services District (CCSD) staff and CCSD Board members Harry Farmer and Amanda
Rice on February 1, 2017, to discuss various violations of Waste Discharge Requirement (WDR)
Order No. R3-2014-0047 and No. R3-2014-0050 (Orders). During the meeting, Water Board staff
described the violations and explained that the violations are predominantly related to chronic late
submittals of reports and the lack of communication from CCSD staff related to non-compliance
with their Orders.

CCSD staff explained the complications they have had with the operation of the Emergency Water
Supply system and flooding and expressed their desire to make changes so that they can come
into compliance with their Orders. Water Board staff indicated that we were going to issue three
notices of violation (enclosed) and that CCSD must immediately come into compliance with their
Orders as they are currently facing a maximum penalty of almost $600,000 for late reporting
alone.

Water Board staff considers the chronic failure to submit timely reports and non-compliance with
the requirements of water quality regulations and the Orders to be serious violations. Failure to
come into compliance subjects CCSD to enforcement actions, including the imposition of
increasing monetary penalties and a potential issuance of a Cease and Desist Order or
rescission of the WDRs. The Water Board reserves the right to take any enforcement action
authorized by law.

Also, I listened to portions of the January 19, 2017 Cambria Community Services Districts
Board meeting on-line and thereby became aware of statements you made regarding Cambria
citizen Tina Dickason contacting Water Board staff. We do not agree with your representation
of our position regarding information we receive from Ms. Dickason or other members of the
public. We value the information and reports we get from citizens, and we request that you
Cambria Community Services District -2- February 9, 2017
Notices of Violation

publically retract your statements. Please do not characterize Water Board staffs position in
this manner or speak for Water Board staff in the future.

If you have questions, please contact Thea Tryon at (805) 542-4776 or


Thea.Tryon@waterboards.ca.gov or program staff associated with each enclosed individual
notice of violation.

Sincerely,
Digitally signed by Michael Thomas
Date: 2017.02.09 16:03:18 -08'00'
Michael J. Thomas
Assistant Executive Officer

ENCLOSURES:
1 Notice of Violation of WDR Order No. R3-2014-0050 for Late Self-Monitoring Reports
and Operations, Maintenance, and Monitoring Plan Update
2 Notice of Violation of WDR Order No. R3-2014-0047 for Failure to Submit Class II
Surface Impoundment 2016 Wet Weather Preparedness Report
3 Notice of Violation of WDR Order No. R3-2014-0047 for Failure to Notify and Maintain
Erosion Control Features and 13267 Requirement for Information

cc via email:
Cambria Community Services District
Board of Directors
c/o Monique Madrid (Clerk to the Board)
mmadrid@cambriacsd.org

Bob Gresens
Cambria Community Services District
bgresens@cambriacsd.org

Todd Tognazzini
CA Department of Fish and Wildlife
todd.tognazzini@wildlife.ca.gov

Melissa Boggs
CA Department of Fish and Wildlife
Melissa.boggs@wildlife.ca.gov

Lena Chang
U.S. Fish and Wildlife Services
lena_chang@fws.gov

Doug Barker
CA State Parks
Doug.Barker@parks.ca.gov

Tom Luster
CA Coastal Commission
Cambria Community Services District -3- February 9, 2017
Notices of Violation

Tom.Luster@coastal.ca.gov

Airlin Singewald
San Luis Obispo County
Planning Department
asingewald@co.slo.ca.us

Water Board Staff:


Kurt Souza, Kurt.Souza@waterboards.ca.gov
Jeff Densmore, Jeff.Densmore@waterboards.ca.gov
Harvey Packard, Harvey.Packard@waterboards.ca.gov
Chris Adair, Chris.Adair@waterboards.ca.gov
Matthew Keeling, Matt.Keeling@waterboards.ca.gov
Thea Tryon, Thea.Tryon@waterboards.ca.gov
Todd Stanley, Todd.Stanley@waterboards.ca.gov
Ryan Lodge, Ryan.Lodge@waterboards.ca.gov
Jon Rokke, Jon.Rokke@waterboards.ca.gov

ECM # 809684 (for R3-2014-0050)


GT#T10000006221 (for R3-2014-0047)

R:\RB3\Enforcement\ACLs\Cambria Emergency Water Supply\NOVs\2017 NOVs (3)\CCSD EWS-LDU NOV Transmittal Ltr.doc
February 9, 2017

Jerry Gruber, General Manager


Cambria Community Services District
P.O. Box 65
Cambria, CA 93428
Email: jgruber@cambriacsd.org

Dear Mr. Gruber:

WDR PROGRAM: CAMBRIA COMMUNITY SERVICES DISTRICT EMERGENCY WATER


SUPPLY FACILITY, CAMBRIA, SAN LUIS OBISPO COUNTY - NOTICE OF VIOLATION FOR
LATE SELF-MONITORING REPORTS AND OPERATIONS, MAINTENANCE, AND
MONITORING PLAN UPDATE

This Notice of Violation (NOV) addresses chronic late submittals of Self-Monitoring Reports
(SMRs) for the Cambria Community Services Districts (CCSD) Emergency Water Supply
(EWS) Facility, and the failure to update in a reasonable timeframe the facilitys Operations,
Maintenance, and Monitoring Plan (OMMP) as required by Waste Discharge Requirements
Order No. R3-2014-0050 (Order), and Monitoring and Reporting Program (MRP) No. R3-2014-
0050, revised October 7, 2015. Central Coast Water Quality Control Board (Water Board) staff
requires timely submittals of SMRs and OMMP updates in order to ensure compliance with the
Order, and thereby help to ensure the safety of the public relating to this indirect potable water
recharge project.

Order Provision V.3 requires the CCSD to comply with the MRP. The relevant due dates from
Section 1 of the MRP are as follows:

Monthly SMRs due the 15th day of each month following the first monthly monitoring
period;
Quarterly SMRs due the 15th day of the second month following the end of each
quarterly monitoring period;
Annual SMRs due by April 15th for the previous calendar year.

A summary of the SMRs submitted to date, along with the required and actual submittal dates is
shown in the table below.
Cambria Community Services District -2- February 9, 2017
Notice of Violation

Table 1: History of Late Reporting Violations


Type of Report Due Date Date Received Days Late
January 2015 Monthly 2/15/2015 2/28/2015 13
Startup 30-day 3/1/2015 5/11/2015 71
February 2015 Monthly 3/15/2015 4/10/2015 26
March 2015 Monthly 4/15/2015 4/23/2015 8
April 2015 Monthly 5/15/2015 6/8/2015 24
st
1 Quarter 2015 5/15/2015 6/2/2015 18
May 2015 Monthly 6/15/2015 6/30/2015 15
June 2015 Monthly 7/15/2015 6/30/2015 on-time
July 2015 Monthly 8/15/2015 8/21/2015 6
nd
2 Quarter 2015 8/15/2015 8/21/2015 6
August 2015 Monthly 9/15/2015 9/8/2015 on-time
September 2015 Monthly 10/15/2015 10/27/2015 12
October 2015 Monthly 11/15/2015 11/30/2015 15
rd
3 Quarter 2015 11/15/2015 11/19/2015 4
November 2015 Monthly 12/15/2015 12/21/2015 6
December 2015 Monthly 1/15/2016 1/28/2016 13
January 2016 Monthly 2/15/2016 2/22/2016 7
th
4 Quarter 2015 2/15/2016 3/15/2016 29
February 2016 Monthly 3/15/2016 3/14/2016 on-time
March 2016 Monthly 4/15/2016 4/27/2016 12
April 2016 Monthly 5/15/2016 5/27/2016 12
Annual 2015 4/15/2016 4/20/2016 5
st
1 Quarter 2016 5/15/2016 6/1/2016 17
May 2016 Monthly 6/15/2016 6/20/2016 5
June 2016 Monthly 7/15/2016 8/10/2016 26
July 2015 Monthly 8/15/2016 9/25/2016 41
nd
2 Quarter 2016 8/15/2016 8/10/2016 on-time
August 2016 Monthly 9/15/2016 9/19/2016 4
September 2016 Monthly 10/15/2016 10/21/2016 6
October 2016 Monthly 11/15/2016 11/22/2016 7
rd
3 Quarter 2016 11/15/2016 11/22/2016 7
November 2016 Monthly 12/15/2016 1/17/2017 33
December 2016 Monthly 1/15/2017 2/2/2017 18
Cambria Community Services District -3- February 9, 2017
Notice of Violation

Since the adoption of WDR Order No. R3-2014-0050 on November 14, 2014, the CCSD
submitted 27 of the required 32 SMRs (84%) late. Each day late for each of the 27 late SMR
submittals constitutes a violation of Order No. R3-2014-0050 and MRP No. R3-2014-0050, for a
total of 466 days of violation as shown in Table 1 above.

While Water Board staff recognize that monitoring of this facility is complicated, we have
assisted in your ability to meet monitoring requirements in several ways, including: 1) revising
the MRP on October 7, 2015, to eliminate duplicative monitoring; 2) constructing a spreadsheet
tool to aid CCSD staff in completing required monitoring in a timely fashion, and; 3) sending out
reminder emails when report due dates are fast approaching or overdue.
It has now been more than two years since the adoption of the original monitoring requirements.
Water Board staff expects timely submittals of SMRs per the schedules in Section 1 of the MRP.
The CCSD must immediately take steps to ensure that future monitoring reports are submitted
on time according to the MRP. Failure to do so will result in additional enforcement actions,
including the imposition of monetary penalties.

Additionally, Water Board staff did not receive an updated OMMP for this project until February
3, 2017. MRP No. 2014-0050, Section I(1)d(i),requires an updated OMMP anytime operational
changes occur. The CCSDs Technical Report submitted March 26, 2015, stated that the
CCSD was in the process of upgrading the system with a de-chlorination system to address
the discharge of chlorinated water in mitigation water discharged to the San Simeon Lagoon.
However, Water Board staff did not receive the updated OMMP in response to this substantial
change in operations until February 3, 2017. The failure to update the OMMP to reflect the
installation of a new treatment process is a violation of Order No. R3-2014-0050, Provision V.3.

WDR Order No. R3-2014-0050 imposed self-monitoring and reporting requirements pursuant to
California Water Code section 13267. Pursuant to Water Code section 13268, violations of
section 13267 requirements subject the CCSD to potential administrative civil liability of up to
$1,000 per day of violation.

Water Board staff considers these types of violations to pose a serious threat to the integrity of
the Water Boards regulatory program. For the 466 violations cited in Table 1 above, the CCSD
is subject to a maximum potential civil liability of $466,000. The Water Board reserves its right
to take any enforcement action authorized by law. The necessity to pursue further enforcement
actions related to violations noted in this NOV and other non-compliance issues related to the
Emergency Water Supply Project depends in part upon your immediate actions to correct the
violations.

If you have questions, please contact Jon Rokke at jon.rokke@waterboards.ca.gov or 805/549-


3892, or Chris Adair at 805/549-3761 or chris.adair@waterbaords.ca.gov.

Sincerely,
Digitally signed by Michael Thomas
Date: 2017.02.09 16:03:43 -08'00'
Michael J. Thomas
Assistant Executive Officer

ECM # 809684

R:\RB3\Enforcement\ACLs\Cambria Emergency Water Supply\NOVs\2017 NOVs (3)\CCSD EWS - Late SMRs NOV_final.doc
February 9, 2017

Jerry Gruber, General Manager


Cambria Community Services District
P.O. Box 65
Cambria, CA 93428
Email: jgruber@cambriacsd.org

Dear Mr. Gruber:

LAND DISPOSAL PROGRAM: CAMBRIA COMMUNITY SERVICES DISTRICT CLASS II


SURFACE IMPOUNDMENT, CAMBRIA, SAN LUIS OBISPO COUNTY - NOTICE OF
VIOLATION OF WASTE DISCHARGE REQUIREMENTS ORDER NO. R3-2014-0047

Central Coast Regional Water Quality Control Board (Water Board) staff has not received the
Cambria Community Services District (CCSD) class II surface impoundment 2016 Wet Weather
Preparedness Report (WWPR) that was due October 1, 2016. Failure to submit the WWPR is a
violation of Waste Discharge Requirements (WDR) Order No. R3-2014-0047, Provision E.20.
Water Board staff issued a wet weather preparedness letter to the CCSD on September 21,
2016, with a reminder that wet weather preparations must be completed by October 1st. Water
Board staff received the WWPR on February 2, 2017.

WDR Order No. R3-2014-0047 was issued in accordance with California Water Code (CWC)
Section 13267. Pursuant to CWC Section 13268, a violation of Section 13267 may subject the
CCSD to civil liability of up to $1,000 per day for each day in which the violation occurs. The
CCSD has accrued $124,000 of potential administrative civil liability for this late report.

The CCSD has repeatedly failed to submit timely and complete reports, and has failed to
properly communicate significant non-compliance issues associated with the surface
impoundment to Water Board staff as required by WDR Order No. R3-2014-0047. Water Board
staff issued notices of violation (NOV) to the CCSD for violations of WDR Order No. R3-2014-
0047 on February 27, 2015, August 12, 2016, and October 24, 2016. As it is our preference to
work collaboratively with dischargers to facilitate compliance, on many occasions Water Board
staff has reminded CCSD staff of various requirements and has allowed them more time to
submit required documents.

Given the extensive assistance Water Board staff has provided to the CCSD, Water Board staff
considers the chronic failure to submit timely reports and updates of significant changes to the
surface impoundment to be egregious violations of water quality regulations and orders, and as
such to pose a serious threat to the integrity of the Water Boards regulatory program and water
quality. The CCSD is subject to a maximum potential civil liability of $124,000 for late submittal
of the WWPR. The Water Board reserves its right to take any enforcement action authorized by
law. The necessity to pursue further enforcement actions related to violations noted in this NOV
and other non-compliance issues related to the Emergency Water Supply Project depends in
Mr. Jerry Gruber -2- February 9, 2017

part upon your immediate actions to correct the violations. Failure to come into compliance with
CCSDs WDR subjects CCSD to additional enforcement actions, including the imposition of
monetary penalties and the potential issuance of a Cease and Desist Order or rescission of the
WDR. A Cease and Desist Order would prevent the CCSD from discharging brine to the
surface impoundment and would require removal of any existing brine until the CCSD could
demonstrate compliance with Water Board requirements. Rescission of Waste Discharge
requirements would require the CCSD to cease the discharge of brine to the surface
impoundment permanently and would require removal of all waste from the surface
impoundment.

If you have questions, please contact Jon Rokke at jon.rokke@waterboards.ca.gov or 805/549-


3892, or Chris Adair at 805/549-3761 or chris.adair@waterbaords.ca.gov.

Sincerely,

Digitally signed by Michael Thomas


Date: 2017.02.09 16:04:00 -08'00'

Michael Thomas
Assistant Executive Officer

R:\RB3\Enforcement\ACLs\Cambria Emergency Water Supply\NOVs\2017 NOVs


(3)\NOV_WWPRCambriaCSD_Jan2017.doc
February 9, 2017

Jerry Gruber, General Manager


Cambria Community Services District
P.O. Box 65
Cambria, CA 93428
Email: jgruber@cambriacsd.org

Dear Mr. Gruber:

LAND DISPOSAL PROGRAM: CAMBRIA COMMUNITY SERVICES DISTRICT CLASS II


SURFACE IMPOUNDMENT, CAMBRIA, SAN LUIS OBISPO COUNTY - NOTICE OF
VIOLATION OF WASTE DISCHARGE REQUIREMENTS ORDER NO. R3-2014-0047 AND
WATER CODE SECTION 13267 REQUIREMENT FOR INFORMATION

Please read this letter carefully, as it describes your potential liability for violations and
establishes a due date for submittal of information. The Cambria Community Services District
(CCSD) violated the following components of Waste Discharge Requirements (WDR) Order No.
R3-2014-0047 for the Emergency Water Supply Facility brine waste surface impoundment:

Provision E.26.b for failing to notify the Water Board Executive Officer within 24 hours
of identifying flooding that could impair the surface impoundment integrity and the
integrity of precipitation and drainage control structures, and for failing to provide a
written report of the incident within 14 days.
Specification C.5 for failing to construct and maintain the surface impoundment and
related containment structures to prevent inundation, erosion, slope failure, washout,
and overtopping under 1,000-year, 24-hour precipitation conditions.

Background Information Provision E.26.b Violation

WDR Order No. R3-2014-0047, Provision E.26.b requires the CCSD to notify the Water Board
Executive Officer within 24 hours by telephone and within 14 days in writing of any flooding,
equipment failure, slope failure, or other change in surface impoundment conditions which could
impair the integrity of waste containment facilities or of precipitation and drainage control
structures.

On January 10, 2017, Water Board staff received a call from a concerned citizen regarding
CCSD activity at the surface impoundment on Sunday January 8, 2017. Water Board staff
called Bob Gresens, Cambria CSD Engineer, on January 10th to coordinate a site inspection for
the following day. Mr. Gresens indicated that there had been flooding on a road, and said he
would have a CCSD staff person meet Water Board staff at the surface impoundment to provide
access for the inspection. Mr. Gresens did not mention that the flooding on the road had flowed
onto CCSD property and had entered the surface impoundment. The CCSD activities occurring
Mr. Jerry Gruber -2- February 9, 2017

on January 8th prompting the concerned citizen phone call were reportedly routine activities of
the CCSD biologist and were unrelated to the flooding.

On January 11, 2017, Water Board staff arrived at the surface impoundment to find CCSD staff,
Bob Gresens, John Allchin, and Jason Buhl, trying to identify the source of the flood waters
crossing San Simeon-Monterey Creek Road. CCSD staff explained that a culvert on the
neighboring property to the north was blocked causing the neighboring property to flood. The
flood waters overtopped San Simeon-Monterey Creek Road and flowed onto CCSD property
and into the surface impoundment. CCSD staff reportedly identified the problem on Monday
January 9th during a daily site inspection and immediately worked to clear the drainage system
on CCSDs property upgradient of the surface impoundment. CCSD staff successfully diverted
the flows around the surface impoundment on January 9th on CCSD property. Floodwaters
continued to flow across San Simeon-Monterey Creek Road and around the surface
impoundment on January 11th.

During the January 11th site visit, Water Board staff spoke with the CCSD staff at the site and let
them know they were required to notify Water Board staff that the surface impoundment was
receiving flood waters. Mr. Gresens indicated that they were busy handling multiple issues at
the time. Water Board staff informed Mr. Gresens and the other CCSD staff at the site that they
need to contact Water Board staff when issues occur that could compromise the surface
impoundment integrity or result in overflows.

While on site, Water Board staff reviewed the site daily inspection logs and found they
documented a two foot increase in the surface impoundment water elevation between the
January 8th and January 9th inspections, indicating CCSD staff was aware significant flood
waters had entered the surface impoundment between the two inspections. The January 8th
inspection log also documented that the brine pond water was turbid, which is an indication that
stormwater runoff from adjacent land and associated sediment had been entering the surface
impoundment. Normally the surface impoundment brine is a greenish color. No actions were
taken to determine the source of the turbid water on January 8th. It wasnt until January 9th
when the surface impoundment water elevation had risen two feet before CCSD staff realized
stormwater was entering the surface impoundment.

Water Board staff informed Mr. Gresens of the 14-day reporting requirement in a voicemail on
January 13, 2017, and verbally by phone on January 17, 2017, and indicated the report was due
14 days after the CCSD discovered flood waters entering the surface impoundment. Flood
waters entering the surface impoundment in an uncontrolled manner could have filled and
overtopped the surface impoundment. Flooding clearly overwhelmed the drainage control
structures forcing CCSD staff to take emergency actions to prevent floodwater from
overwhelming the surface impoundment structure. CCSD staff failed to notify the Executive
Officer within 24 hours of identifying the flooding that caused stormwater to partially fill the
surface impoundment. CCSD staff also failed to submit a written report, due by January 24,
2017, within 14 days of identifying floodwaters entering the surface impoundment. The CCSD
submitted the 14-day report on January 31, 2017, which is 21 days after the CCSD discovered
the flooding issue and thus represents seven days of violation.

Background Information Specifications C.5 Violation

WDR No. R3-2014-0047 Specification C.5 requires the CCSD surface impoundment and related
containment structures be constructed and maintained to prevent inundation, erosion, slope
failure, washout, and overtopping under 1,000-year, 24-hour precipitation conditions. The
Mr. Jerry Gruber -3- February 9, 2017

storms that triggered the flooding were less than 1,000-year events, which indicates the CCSD
failed to comply with Specification C.5.

On January 20, 2017, Water Board staff received a call from CCSD staff Carolyn Winfrey
indicating that flood water was flowing across San Simeon-Monterey Creek Road and was
entering the surface impoundment. On that same day, Water Board staff conducted a site
inspection at the surface impoundment and observed the water level in the surface
impoundment was above the maximum allowed freeboard as measured by the marker on the
north side of the surface impoundment. While on site, Water Board staff informed Mr. Gresens
that the CCSD is required to manage the surface impoundment to maintain adequate freeboard
at all times and that the current operations were not in compliance with WDR Order No. R3-
2014-0047. WDR No. R3-2014-0047 Specification C.4 requires the CCSD to operate the
surface impoundment to contain rain which falls on the surface impoundment from a 1,000-year,
24-hour storm event (10.2 inches), while maintaining two feet of freeboard.

On January 31, 2017, the CCSD submitted a 14-day incident report indicating that the
measured surface impoundment freeboard was -inch. Water Board staff met with CCSD staff
on February 1, 2017, and CCSD staff explained that they measured the freeboard on January
30, 2017. CCSD staff indicated that the maximum level marker on the side of the surface
impoundment represented four feet of freeboard allowing for an approximate one-foot cushion
between the maximum level marked on the surface impoundment and the permitted two feet of
freeboard plus the 10.2 inches of rainfall associated with a 1,000-year storm.

The discrepancy between the CCSD measured freeboard and the water level markers on the
surface impoundments northern berm must be evaluated. It is critical that CCSD staff are
provided tools to properly manage the surface impoundment in compliance with WDR Order No.
R3-2014-0047. One of those tools is an accurate water level measuring system. The surface
impoundment as-built drawings submitted as part of the December 2014 Final Construction
Quality Assurance Report Brine Evaporation Pond indicate that water level markers were to be
installed on the north side of the surface impoundment with markings identifying elevations
every foot. The inaccurate water level markings may be due to expansion and contraction of
the liner material resulting in the markers not accurately depicting elevations as the surface
impoundment fills. The CCSD must conduct a survey to determine the accuracy of the current
surface impoundment water level markers to facilitate proper surface impoundment
management during the current rainy season. The CCSD must develop an accurate system to
determine available freeboard in the future. A water level measuring system independent of the
liner should be proposed for installation by the CCSD to avoid potential inaccuracies associated
with liner expansion and contraction.

Late Incident Report

Pursuant to WDR Order No. R3-2014-0047 Provision E.26.b., the CCSD was required to submit
the above noted 14-day report by January 24, 2017. Failure to submit the report within 14 days
may subject the CCSD to additional enforcement actions including administrative civil liability
penalties. WDR No. R3-2014-0047 was issued in accordance with California Water Code
(CWC) Section 13267. Pursuant to CWC Section 13268, a violation of Section 13267 may
subject the CCSD to civil liability of up to $1,000 per day for each day in which the violation
occurs. The CCSD submitted the 14-day report on January 31, 2017, which is 21 days after the
CCSD discovered the flooding issue and therefore represent seven days of violation. The
CCSD has accrued $7,000 of potential administrative civil liability for this late report.
Mr. Jerry Gruber -4- February 9, 2017

Requirement for Technical Information

CCSD shall provide a technical report detailing how they will prevent stormwater from impacting
the surface impoundment in the future and maintain compliance with the freeboard requirement.
The blocked culvert is not on CCSD property and therefore the CCSD has no direct control over
its operation and maintenance. However, the CCSD should coordinate with the county and
adjacent property owner to the extent practicable to address flooding issues. At a minimum, the
CCSD must implement site improvements to ensure that future flooding events do not adversely
impact the surface impoundment. Permanent engineered measures need to be installed to
ensure the CCSDs drainage control structures on CCSD-owned property can accommodate
flood waters from adjacent properties and prevent surface impoundment inundation. CCSD
should conduct a hydrologic analysis and implement engineering measures to ensure future
flood events will be routed safely around the surface impoundment without causing damage to
or allowing discharge of stormwater into the surface impoundment. Water Board staff strongly
recommend the CCSD 1) remove and properly dispose of the existing mixture of brine,
stormwater and sediment contained within the surface impoundment, and 2) implement
engineered solutions to prevent flood waters from entering the surface impoundment prior to
discharging any additional brine into the surface impoundment.

The CCSD must provide the following information by March 1, 2017:

1. A plan and associated schedule to address the existing mixture of brine, stormwater,
sediment and any additional rain that falls on the surface impoundment as needed to bring
the facility into compliance with WDR Order No. R3-2014-0047 Specifications C.4 and C.5.
The plan must address the mixture of solids, which include both brine and sediment,
currently within the surface impoundment. At a minimum, the plan must identify the amount
of solids within the surface impoundment and the associated reduction in holding capacity,
and identify alternatives for the removal and proper disposal of the solids. If the CCSD
decides to remove the brine and sediment solids from the surface impound as part of the
required plan or at some point in the future, it must be done in accordance with applicable
requirements. WDR Order No. R3-2014-0047 Specification C.17 requires solids sampling
and analysis prior to disposal, and disposal method concurrence from Water Board staff.
Specification C.18 requires a solids removal plan approved by the Executive Officer prior to
any solids removal from the surface impoundment. Any solids removal plan must be
implemented in a manner that prevents liner material damage. The Water Board Executive
Officer may require leak detection measures prior to returning the surface impoundment to
service once solids are removed. In addition to addressing the current violations, the plan
must identify ongoing controls and response actions the CCSD will implement to maintain
the required two feet of freeboard and capacity for 1,000-year, 24-hour storm events.

2. A plan and associated schedule for conducting a hydrologic evaluation and developing and
implementing engineering controls to prevent offsite stormwater flows from entering the
impoundment area due to flooding.

3. A plan and associated schedule for training CCSD staff on the requirements of WDR Order
No. R3-2014-0047 and the implementation of inspections. Inspection training should focus
on how to conduct meaningful surface impoundment inspections to identify potential issues
that could undermine the surface impoundment structural integrity, compromise the liner
integrity and/or result in overflows. Recent issues not properly identified by CCSD staff
include gopher activity on the surface impoundment berms and stormwater entering the
surface impoundment. CCSD staff should be trained to recognize indicators that could
Mr. Jerry Gruber -5- February 9, 2017

cause surface impoundment issues such as gopher holes, color changes in the surface
impoundment indicating either inflow of stormwater, rapid changes in waste levels, or other
issues associated with the brine itself such as chemical or biological changes.

4. Copies of all surface impoundment inspection log entries from January 1 through January
23, 2017.

5. A plan to determine the accuracy of the current water level markings on the surface
impoundments north berm. The plan should include a proposal to install measures to allow
CCSD staff to accurately determine surface impoundment freeboard independent of the liner
due to issues associated with expansion and contraction of the liner surface. The plan
should involve the use of a licensed surveyor.

Legal Considerations

The Water Boards requirement that the CCSD submit the technical reporting information listed
above is made pursuant to section 13267 of the California Water Code. Pursuant to section
13268 of the California Water Code, a violation of a California Water Code section 13267
requirement may subject the CCSD to civil liability of up to $1,000 per day for each day in which
the violation occurs. If the Water Board elects to refer the matter to the Attorney General, the
superior court may impose civil liability for up to $5,000 per day for each violation (California
Water Code section 13268(b)(2)). Days of violation and the associated potential civil liability
continue to accrue for each day of non-compliance. The Water Board reserves its right to take
any enforcement action authorized by law.

The CCSD has repeatedly failed to submit timely and complete reports, and has failed to
properly communicate significant issues associated with the surface impoundment to Water
Board staff as required by WDR Order No. R3-2014-0047. Water Board staff issued notices of
violation to the CCSD for violations of WDR Order No. R3-2014-0047 on February 27, 2015,
August 12, 2016, and October 24, 2016. As it is our preference to work collaboratively with
dischargers to facilitate compliance, on many occasions Water Board staff has reminded CCSD
staff of various requirements and has allowed them more time to submit required documents.
Potential enforcement actions include issuing a Cease and Desist Order (CDO), recommending
Administrative Civil Liability, or recommending rescission of the WDR. A CDO would prevent
the CCSD from discharging brine to the surface impoundment and would require removal of any
existing brine until the CCSD could demonstrate compliance with Water Board requirements.
Rescission of the WDR would require the CCSD to cease the discharge of brine to the surface
impoundment permanently and would require removal of all waste from the surface
impoundment.

Any person aggrieved by this action of the Central Coast Water Board may petition the State
Water Board to review the action in accordance with Water Code section 13320 and California
Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive
the petition by 5:00 p.m., 30 days after the date of the order, except that if the thirtieth day
following the date of the order falls on a Saturday, Sunday, or state holiday, the petition must be
received by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to
filing petitions will be provided on request, or may be found on the internet at:
http://www.waterboards.ca.gov/public_notices/petitions/water_quality/
Mr. Jerry Gruber -6- February 9, 2017

If you have questions, please contact Jon Rokke at jon.rokke@waterboards.ca.gov or 805/549-


3892, or Chris Adair at 805/549-3761 or chris.adair@waterbaords.ca.gov.

Sincerely,

Digitally signed by Michael Thomas


Date: 2017.02.09 16:04:23 -08'00'

Michael Thomas
Assistant Executive Officer

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