Santa Ana Regional Water Quality Control Board - Order - 2015-12-11 Water Boards
Santa Ana Regional Water Quality Control Board
December 11, 2015 RECEIVED
,'=r 2 t 2015
Scott C. Carroll, General Manager
Costa Mesa Sanitary District
628 West 191h Street
Costa Mesa, CA 92627
COSTA MESA SANITARY DISTRICT ADMINISTRATIVE CIVIL LIABILITY, ORDER
NO. R8-2015-0037
Dear Mr. Carroll:
On December 11, 2015, the above Administrative Civil Liability (ACL) Order was
adopted by the Regional Board.
Enclosed is the signed original of that ACL for your records.
Any questions regarding this correspondence, you may contact me at 951.782.3285, or
felipa.carrilloawaterboards.ca.qov.
Sincerely,
elipa
Cy�---r t �
r
)-` C ri�r Ilo
Executive Assistant
Enclosure: Order No. R8-2015-0037
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION
3737 Main Street, Suite 500
Riverside, California 92501
ORDER NO. R8-2015-0037
ADMINISTRATIVE CIVIL LIABILITY ORDER
IN THE MATTER OF
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY
The California Regional Water Quality Control Board, Santa Ana Region (Santa Ma
Water Board), having held a public hearing on July 24, 2015 and having considered all
the evidence, public comments, and stipulations by the designated parties, hereby
adopt this Administrative Civil Liability Order ("Order") based on the following findings:
COSTA MESA SANITARY DISTRICT
1. The Costa Mesa Sanitary District (hereinafter"CMSD" or "Discharger)
provides sanitary sewer service and municipal trash collection service to
residents and businesses in and around the City of Costa Mesa and portions
of the City of Newport Beach. The sewage collection system consists of
approximately 219 miles of gravity sewer pipeline, 20 sewage lift stations, and
5 miles of sewage force main pipeline. The Discharger serves approximately
116,000 residents within its service area.
2. The Irvine Sewage Lift Station, located in the vicinity of Irvine Avenue and
Mesa Drive in the County of Orange, is one of the 20 lift stations the
Discharger owns, operates and is responsible for its maintenance.
3. A portion of the sewage collection system operated by the Discharger is
known as the Indus Line. It runs parallel to the Santa Ana Delhi Flood Control
Channel as the channel winds its way through a residential neighborhood
between Santa Ana Avenue and Irvine Avenue in Newport Beach.
REGULATORY AND LEGAL AUTHORITY
4. The Discharger is required to operate and maintain its sewage collection
system to prevent sewer overflows and spills in compliance with the
requirements of the Statewide General Waste Discharge Requirements For
Sanitary Sewer Systems, Order No. 2006-0003-DWQ (SSS Order). The SSS
Order explicitly prohibits any wastes from being discharged to waters of the
United States. The Discharger obtained coverage under the SSS Order on
ACL Order No. R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
October 30, 2006 and was enrolled under the SSS Order at the time the SSOs
occurred.
5. The Discharger is required to operate and maintain its sewage collection
system to prevent sewer overflows and spills in compliance with the
requirements of the SSS Order.
6. The SSS Order states: "SSOs often contain high levels of suspended solids,
pathogenic organisms, toxic pollutants, nutrients, oxygen demanding organic
compounds, oils and grease and other pollutants. SSOs may cause a public
nuisance, particularly when raw untreated wastewater is discharged to areas
with high public exposure, such as streets or surface waters used for drinking,
fishing, or body contact recreation. SSOs may pollute surface or ground
waters, threaten public health, adversely affect aquatic life, and impair the
recreational use and aesthetic enjoyment of surface waters."
7. Provision D.1 of the SSS Order states, "The Enrollee must comply with all
conditions of the SSS Order. Any noncompliance with the SSS Order
constitutes a violation of the California Water Code and is grounds for
enforcement action."
8. Prohibitions C.1 and C.2 of the SSS Order state, "any SSO that results in a
discharge of untreated or partially treated wastewater to waters of the United
States..." and "any SSO that results in a discharge of untreated or partially
treated wastewater that creates a nuisance... is prohibited."
9. Provision D.8 of the SSS Order states, The Enrollee shall properly, manage,
operate, and maintain all parts of the sanitary sewer system owned and
operated by the Enrollee, and shall ensure that the system operators
(including employees, contractors, or other agents) are adequately trained and
possess adequate knowledge, skills, and abilities."
10.California Water Code section 13243 provides that the Regional Board may
specify certain conditions or areas where the discharge of waste, or certain
types of waste, will not be permitted. The Regional Board implements this
section of the CWC by adopting and implementing the Water Quality Control
Plan for the Santa Ana River Basin (Basin Plan). The Basin Plan establishes
the beneficial uses (Chapter 3) and water quality objectives (Chapter 4) for the
ground and surface waters for the Santa Ana Region, which must be met and
maintained to protect those uses.
11.The Basin Plan specifies a plan of implementation to ensure water quality
objectives are met and beneficial uses are protected. The Basin Plan
Implementation Plan (Chapter 5) prohibits the discharge of untreated sewage
to any surface water, natural or manmade, or to any drainage system intended
to convey storm water runoff to surface waters.
_--.._Page 2
ACL Order No. R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
12.The Federal Clean Water Act (33 U.S.0 §1311) prohibits the discharge of
pollutants from a point source to waters of the United States, unless
authorized by a National Pollutant Discharge Elimination System (NPDES)
Permit.
13.California Water Code section 13385 provides, in part, that any person who
violates waste discharge requirements shall be liable civilly. In addition, this
section includes provisions for assessing administrative civil liability for
discharges of wastes to surface waters in violation of the federal Clean Water
Act. The discharge incidents described above were to surface waters of the
United States.
VIOLATIONS OF CALIFORNIA WATER CODE SECTION 13385
Irvine Sewage Lift Station SSO
14.At an undetermined time during the early morning hours of August 31, 2013 (a
Saturday), the pumps of the Irvine Sewage Lift Station (hereinafter"Lift
Station") failed to start and sewage began to back up in the tributary collection
system. Eventually sewage overflowed from the collection system and flowed
into Anniversary Lane, a residential street in the City of Newport Beach, and
then discharged into the Santa Ana Delhi Channel (located directly adjacent to
Anniversary Lane).
15.The Santa Ana Delhi Channel, operated by Orange County Public Works,
conveys stormwater and non-stormwater runoff into the Upper Newport Bay (a
water of the United States). From the point where the sewage discharged into
the Santa Ana Delhi Channel, the sewage traveled for approximately 150
yards before entering the Upper Newport Bay. This reach of the Santa Ana
Delhi Channel experiences the ebb and flow of tidal action within the Bay (i.e.
it is within the tidal prism).
16.During the morning of August 31, 2013, when sewage was discharged from
the CMSD collection system, the tide was ebbing and reached its lowest point
at approximately 12:05 P.M. that afternoon. Thus, sewage was being
conveyed into Upper Newport Bay throughout the time it was discharging to
the Santa Ana Delhi Channel.
17.A few minutes prior to 10:35 A.M., City of Newport Beach staff were first to
respond to a resident's complaint of the overflowing sewage condition.
Newport Beach city staff confirmed that it was the Discharger's sewage
collection system that was overflowing, even though the residents served by
the Discharger's system reside within the City of Newport Beach. City staff
observed that the overflowing sewage was discharging to the Santa Ana Delhi
Page 3
ACL Order No. R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
Channel. Newport Beach city staff notified the Discharger of the overflowing
condition at approximately 10:35 A.M.
18.Prior to the notification from Newport Beach city staff of the overflow situation,
the Discharger was unaware of any problem with the operation of the Irvine
Sewage Lift Station. The lift station is equipped with a monitoring system that
should have provided notification to the Discharger's staff of its failure to
operate and of the high wet-well condition. Unfortunately, the monitoring
system failed to provide any notification.
19.Responding staff employed by the Discharger were inadequately trained to
accurately diagnose the reason for the lift station's failure to operate. With
assistance from the Newport Beach city sewer collection system maintenance
staff, the Irvine Sewage Lift Station was restored to operation at approximately
12:00 (Noon). Newport Beach city staff were able to assess the problem with
the lift station and recommend corrective action to get the lift station back into
operation. The overflow condition ceased once the Lift Station resumed
operation. It was estimated by the Discharger that seventy nine thousand
(79,000) gallons of sewage overflowed from the collection system. Newport
Beach city staff assisted in the recovery of two thousand (2,000) gallons of
sewage using their vacuum truck. Thus, a total of seventy seven thousand
(77,000) gallons of sewage was discharged into the Santa Ana Delhi Channel
and Upper Newport Bay.
20.The Discharger's efforts to restart the lift station were encumbered due to a
lack of training of its collections system maintenance staff to diagnose the
operational problem with the lift station. The Discharger estimated that delays
in restarting the lift station due to a lack of training resulted in an additional
8,000 gallons of sewage discharged.
21.The Discharger attempted to recover some of the sewage that had been
discharged to the Santa Ana Delhi Channel by containing urban runoff and
pumping it from the channel. This pumping began at approximately 7:00 P.M.
on August 31, several hours after the sewage discharge to the Santa Ana
Delhi Channel had ceased. Considering that the tide was ebbing from the
early morning hours until 12:00 (Noon) when the discharge ceased, it was
likely that all the sewage had been conveyed into Upper Newport Bay, and,
therefore, was unrecoverable.
22.As a result of the sewage discharged to Upper Newport Bay, Orange County
Health Care Agency (hereinafter "OCHCA") closed beaches fronting Newport
Dunes Waterfront Resort and Marina and Newport Aquatic Center from
Saturday, August 31st until September 3rd. Human contact with the waters of
Upper Newport Bay was prohibited.
Page 4
ACL Order No, R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
Indus Line SSO
23.On January 1, 2015 (a Thursday) at approximately 11:45 AM, the City of
Newport Beach Police Department was notified of a sanitary sewer overflow in
progress from a sewer manhole within the Fairway Villas apartment complex
located at 20122 Santa Ana Avenue, Newport Beach. The Police dispatch, in
turn, notified the City's on-call Public Works staff person, Chris Newton. Since
Mr. Newton was familiar with the area of the reported SSO, and he knew that it
was within the service boundary of the Discharger, he immediately notified
C&R Drains, the after-hours emergency response service for the Discharger.
24.Initial response to the scene was from the City of Newport Beach staff followed
by the Discharger's staff at 1:00 PM. The overflowing sewer manhole was
located in a driveway at the north end of the apartment complex's garage and
resident parking area. Sewage from the overflowing manhole was observed
flowing into a storm drain inlet (within 20 feet of the manhole) that discharges
storm water runoff directly into the adjacent Santa Ana Delhi Channel.
25.The Discharger's staff did not respond with any equipment to locate the source
of a blockage that was the cause of the overflowing sewer manhole. Despite
being contacted directly by Newport Beach city staff, C&R Drains staff, who
were expected to bring appropriate equipment for this task, failed to respond to
the incident scene during the entire incident response.
26. At 1:35 PM on the same day, the City of Newport Beach was requested by the
Discharger to mobilize the City's sewer cleaning equipment to the scene in
order to locate the source of the blockage and clear the sewer main. At 2:15
PM, additional Newport Beach city staff, along with their sewer cleaning
apparatus, arrived at the scene. By 2:40 PM, the blockage had been located
and cleared, and normal flow conditions in the sewer main resumed. The
blockage was caused by root intrusion into the sewer main.
27.During this overflow event on January 1, 2015, it was estimated that 8,100
gallons of sewage had been discharged to the Santa Ana Delhi Channel
without any being recovered. The Santa Ana Delhi Channel discharges into
Upper Newport Bay, which is a water of the United States. Orange County
Health Care Agency closed beaches serving the Newport Aquatic Center and
the Newport Dunes Waterfront Resort and Marina from 3:50 PM on January 1
until 10:45 AM on January 4, 2015.
28.The sewer manhole that overflowed is a component of the Discharger's
collection system known as the "Indus Line." The Indus Line has been
identified by the Discharger, since December, 2007 as a reach of sewer
needing more frequent cleaning due, in part, to the identification of portions of
the line having mis-aligned joints. The sewer traverses beneath private
residents' backyards where semi-permanent structures such as block-wall
Page 5
ACL Order No. R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
fences and outbuildings have been built, although the Discharger has a 35 ft.
utility easement. The sewer main is approximately 1 ,200 feet in length and
has ten manholes located along its length. Access to eight of ten manholes on
the Indus Line is limited and no vehicle access is possible.
29.The Santa Ana Delhi Channel, at the point where the sewage discharged into
the channel, has vertical concrete walls and is 15 to 20 feet in depth.
Therefore, because of the difficulty of access into the channel, an effective
containment effort to control sewage being discharged to the channel was not
feasible. A cleanup contractor was retained by Orange County Public Works
to clean the affected apartment driveway, storm drain and Santa Ana Delhi
Channel concrete surfaces.
Impacts to Beneficial Uses
30.The designated beneficial uses of the Upper Newport Bay are as follows:
(1) water contact recreation; (2) non-contact water recreation; (3) commercial
and sport fishing; (4) wildlife habitat; (5) preservation of biological habitats of
special significance; (6) rare, threatened or endangered species; (7)
spawning, reproduction and development waters supporting high quality
aquatic habitats; (8) marine habitat; (9) shellfish harvesting; and (10)
estuarine habitat.
31.One observable impact to the recreational beneficial use of Upper Newport
Bay from both SSO incidents was the closure of beaches. As noted above, a
result of the discharge of sewage to the Bay on August 31, 2013 and January
1, 2015, was Orange County Health Care Agency closing beach access for
human contact recreation at the Newport Dunes Waterfront Resort and Marina
and the Newport Aquatic Center. The closure that started mid-afternoon of
Saturday, August 31, 2013 lasted until mid-morning of September 3, 2013
(virtually the entire Labor Day weekend). The same beaches and businesses
were again impacted from January 1, 2015 until January 4, 2015.
32.Although no evidence was presented that indicated any significant impacts to
beneficial uses besides water contact and non-contact water recreation, all of
the beneficial uses listed in paragraph No. 24, above, for Upper Newport Bay
have the potential to be impacted by the pollutants typically contained in
sewage. It is unclear what, if any, studies were undertaken to quantify impacts
to these beneficial uses.
33.Upper Newport Bay is considered a sensitive waterbody because it is already
impacted by pollutants. A program to reduce the load of coliform bacteria (a
pollutant contained in sewage) being discharged into Upper Newport Bay was
adopted by the Regional Board in 1999 when a total maximum daily load
(TMDL) for coliform bacteria was established.
--------..._ Page 6
ACL Order No. R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
CIVIL LIABILITY CALCULATION
Background and Approach
34.California Water Code section 13385, subdivision. (c)(1) provides that the
Regional Board may impose civil liability administratively for noncompliance
with waste discharge requirements on a daily basis at a maximum of ten
thousand dollars ($10,000) for each day in which the violation occurs. Section
13385, subdivision (c)(2), further provides that where there is a discharge, any
portion of which is not susceptible to cleanup or is not cleaned up, and the
volume discharged, but not cleaned up, exceeds 1,000 gallons, an additional
liability not to exceed ten dollars ($10) multiplied by the number of gallons by
which the volume discharge, but not cleaned up, exceeds 1,000 gallons.
35.California Water Code section 13385, subdivision (e), specifies factors that the
Regional Board shall consider in establishing the amount of civil liability. The
Water Quality Enforcement Policy (hereinafter"Enforcement Policy") adopted by
the State Water Resources Control Board on November 19, 2009, establishes a
methodology for assessing administrative civil liability pursuant to this statute.
Use of the methodology addresses the factors in section 13385, subdivision (e).
36.Attachments A, B and C, incorporated herein and made a part of this Order by
reference, present the civil liability assessment derived from the use of the
penalty methodology in the Enforcement Policy. The policy can be found at:
http.//www.waterboards.ca.gov/water issues/programs/enforcementldocs/enf pol
icy final111709.pdfl
37.The discharges referenced above as Irvine Sewage Lift Station and Indus Line
SSO resulted in the unpermitted discharge of waste and pollutants into the
Santa Ana Delhi Channel and Upper Newport Bay. The necessary facts,
included in the findings in paragraphs No. 1 through No. 33, above, have been
considered for the violations alleged herein using the discretionary penalty
assessment methodology in the Enforcement Policy. The application of the
assessment methodology to each referenced discharge incident can be found
in Attachments A and B, respectively, along with the recommended penalty
assessment found in Attachment C.
38.The Enforcement Policy authorizes use of an amount less than $10.00 per
gallon to calculate penalties for "high volume discharges." The application of
the penalty assessment methodology in the Enforcement Policy, as
documented in Attachments A, B and C, produces an appropriate penalty
based on calculations using a $10.00 per gallon amount. Use of a reduced
Page 7
ACL Order No. R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
dollars per gallon amount would produce an inappropriately small penalty in
this case, and therefore the Santa Ana Water Board has not used a reduced
dollars per gallon calculation as authorized by the "High Volume Discharges"
section of the Enforcement Policy.
Minimum and Maximum Administrative Civil Liability
39.The Enforcement Policy requires that the Total Base Liability Amount be
compared to the Economic Benefit Amount, and that the Total Base Liability
Amount must be at least 10 percent higher than the Economic Benefit Amount
so that liabilities are not construed as the cost of doing business. The Total
Base Liability Amount for this proposed enforcement action ($306,680)
complies with this requirement (minimum liability from Attachments A and B is
$78,451 X 1.1 = $86,296). The maximum administrative civil liability for the
violations alleged herein pursuant to CWC §13385 would be $851,000, which
is comprised of a volume and daily penalty.
Irvine Sewage Lift Station
76,000 gallons x $10.00 per gallon = $760,000
+ $10,000 for one day of discharge
Subtotal: $770,000
Indus Line SSO
7,100 gallons x $10.00 per gallon = $71,000
+ $10,000 for one day of discharge
Subtotal: $81,000
Total Maximum Liability: $851,000
IT IS HEREBY ORDERED, pursuant to Water Code section 13385, that the Costa
Mesa Sanitary District is assessed administrative civil liability against Discharger in the
amount of$364,130 for the discharges described herein.
The Discharger shall submit a check payable to the "State Water Pollution Cleanup and
Abatement Account" in the amount of$364,130 to the State Water Resources Control
Board, Accounting Office, P.O. Box 100, Sacramento CA 95812-0100 no later than 30
days after the date of this order. A copy of the check shall also be submitted to the
State Water Resources Control Board, Office of Enforcement, 1001 I Street, 16th Floor,
Sacramento, CA 95812, Attn: Julie Macedo.
Any person aggrieved by this action of the Santa Ana 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 et seq. The State Water
Board must receive the petition by 5:00 p.m., 30 days after the date of issuance of this
Page 8
ACL Order No, R8-2015-0037 December 11, 2015
Costa Mesa Sanitary District
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 may be
found on the internet at
http://waterboards.ca.gov/public notices/petitions/water quality or will be provided upon
request.
I, Kurt Berchtold, Executive Officer, do hereby certify that the foregoing is a full, true,
and correct copy of an order adopted by the Santa Ana Water Board on December 11,
200115.
a'
Kurt V. Berchtold
Executive Officer
Attachment A: Application of Enforcement Policy Factors, Irvine Lift Station SSO
Attachment B: Application of Enforcement Policy Factors, Indus Line SSO
Attachment C: Penalty Calculation Table
_..._ - Page 9
ATTACHMENT A
APPLICATION OF ENFORCEMENT POLICY FACTORS
IRVINE LIFT STATION SSO
ORDER NO. R8-2015-0037
This document provides details to support Administrative Civil Liability Order No. R8-
2015-0037 (hereinafter "Order") for Costa Mesa Sanitary District in response to the
alleged violation of California Water Code (hereinafter "CWC") §13385(a)(2) for the
discharge of sewage into Santa Ana Delhi Channel and Upper Newport Bay (a water of
the United States).
CWC §13385(e) specifies factors that the Regional Board shall consider in establishing the
amount of administrative civil liability. The Water Quality Enforcement Policy (hereinafter
"Enforcement Policy") adopted by the State Water Resources Control Board on November
19, 2009, establishes a methodology for assessing administrative civil liability pursuant to
this statute. Use of the methodology addresses the factors in CWC §13385(e). The policy
can be found at:
httpl/www.waterboards.ca.gov/water issues/programs/enforcement/docs/enf policy finall
11709.pdf.
The factors described below are the basis for the numerical values shown in Attachment C.
STEP 1: POTENTIAL HARM FACTOR
a) Harm Or Potential Harm To Beneficial Uses
• Score = 4 [Above Moderate Threat]
1. As noted in Paragraph No. 6 of the Order, sewage contains pollutants, creates
nuisance conditions and impairs beneficial uses;
2. Sewage contains pathogenic organisms that are harmful to public health; and,
3. The discharge to the Upper Newport Bay impaired the recreational beneficial
uses of the Bay and required 2 days of restrictions on recreational uses of the
Upper Bay imposed by the Orange County Health Care Agency (hereinafter
"OCHCA"). Beaches associated with the Newport Dunes Waterfront Resort and
Marina and the Newport Aquatic Center were closed to swimming during the
Labor Day weekend.
b) Physical, Chemical, Biological Or Thermal Characteristics
• Score = 3 [Above Moderate Threat]
1. As noted in Paragraph No. 33 of the Order, the Upper Newport Bay is a sensitive
waterbody because of its high value as an estuary containing a State Ecological
Reserve and because of ongoing efforts by several cities in Orange County and
the County Public Works to reduce coliform bacteria inputs to the waterbody; and
2. The discharge of untreated sewage to surface waters results in increasing
coliform bacteria and in a decrease of dissolved oxygen levels, as untreated
Page 1 of 7
ATTACHMENT A
APPLICATION OF ENFORCEMENT POLICY FACTORS
IRVINE LIFT STATION SSO
ORDER NO. R8-2015-0037
sewage is an oxygen-demanding pollutant. The discharge of untreated sewage
to surface waters has the potential to raise ammonia concentrations in the
surface water, which is toxic to potential receptors.
c) Susceptibility To Cleanup Or Abatement
• Score = 1 [Less Than 50 Percent Susceptible to Cleanup and Abatement]
Only 2,000 gallons of the 79,000 gallons discharged to the Santa Ana Delhi
Channel and Upper Newport Bay was recovered.
Score= 8 [4+3+1]
STEP 2: ASSESSMENT FOR DISCHARGE VIOLATIONS
Volume And Total Number Days Of Violation
1. As noted in Paragraph No. 19 of the Order, the discharge volume was 77,000
gallons of sewage. In accordance with CWC 13385(c)(2), the liability
assessment is based on 76,000 gallons (77,000 - 1,000 = 76,000).
2. The discharge occurred on August 31, 2013, and therefore occurred within
one 24-hour period.
a) Deviation From Requirement
• Score = Moderate
1. The deviation from requirement is scored as moderate because this SSO
reached surface waters, in direct violation of Prohibition C.1 of of the
Statewide General Waste Discharge Requirements For Sanitary Sewer
Systems, Order No. 2006-0003-DWQ (SSS Order). .
2. Detection of the SSO was delayed due to the inability of the Discharger's staff
to effectively monitor the operational status of the Lift Station during non-
business hours. This is in direct violation of Provision D.8 of the SSO Order,
which requires that all enrollees to ensure that the system operators
(including employees, contractors, or other agents) are adequately trained
and possess adequate knowledge, skills, and abilities
3. It was infeasible for the Discharger to effectively recover sewage that had
been discharged to the Santa Ana Delhi Channel. An attempt to recover
some of the sewage by containing nuisance runoff in the Santa Ana Delhi
Channel and pumping it into the sanitary sewer system was not effective.
Page 2 of 7
ATTACHMENT A
APPLICATION OF ENFORCEMENT POLICY FACTORS
IRVINE LIFT STATION SSO
ORDER NO. R8-2015-0037
b) Per Day Factor= 0.4 (Table 2 of Enforcement Policy)
c) Days of violation = 1
d) Initial liability amount= $304,000
(Discharge volume (77,000 — 1,000 = 76,000 gallons) X Maximum penalty
($10.00/gallon) X Per Day Factor (0.4) + (Number of days (1) X Maximum
penalty ($10,000) X Per Day Factor (0.4))
STEP 3:NON-DISCHARGE VIOLATION PER DAY FACTOR— N/A
STEP 4: —ADJUSTMENT FACTORS
a) Culpability
• Score = 1.1
1. The sewage discharged to the Santa Ana Delhi Channel originated from the
Discharger's sanitary sewer system.
2. Detection of the SSO was delayed due to the inability of the Discharger's staff
to effectively monitor the operational status of the Lift Station during non-
business hours.
3. There were unresolved operation and maintenance issues with the Lift
Station. The Discharger claimed that historic power fluctuations in Southern
California Edison's power supply to the Lift Station were interfering with a
device that supplies uninterruptible power to its monitoring equipment.
Failure of this device contributed to the Discharger not being notified of a
malfunction of the Lift Station that resulted in the SSO incident.
The Discharger had recognized the importance of the Lift Station as a critical
piece of their sewage collection infrastructure in the watershed served by the
Santa Ana Delhi Channel as a result of a regional power outage that occurred
in San Diego in 2011. They began a process of siting an emergency engine
generator for the Lift Station in February, 2012 when the Discharger's Board
approved its recommendation. However, the installation process is ongoing
because the generator must be located on property not owned by the
Discharger.
4. The restarting of the Lift Station was delayed due to inadequate training of the
Discharger's field staff to diagnose a problem with the Lift Station.
The selection of 1.1 serves to increase the initial liability.
Page 3 of 7
ATTACHMENT A
APPLICATION OF ENFORCEMENT POLICY FACTORS
IRVINE LIFT STATION SSO
ORDER NO. R8-2015-0037
b) Cleanup And Cooperation
• Score = 0.8
As noted above, timely recovery of the sewage discharged to the Santa Ana
Delhi Channel was infeasible. The Discharger cooperated fully with Board
staff in its investigation and follow up to this incident.
The selection of 0.8 serves to decrease the initial liability.
c) History Of Violations
• Score = 1.0
According to the State Water Resources Control Board's CIWQS data base
and OCHCA's records, there have been eleven SSOs in the sewage
collection system tributary to the Irvine Sewage Lift Station since1997. None
of these SSOs resulted in any form of enforcement response by Board staff.
There was no evidence presented to suggest that these SSOs were caused
by problems with the Discharger's collection system or that any of these
SSOs reached the Santa Ana Delhi Channel. There is no evidence to
suggest that the causes of these SSOs were similar or related to the cause of
the Irvine Lift Station SSO.
The selection of 1.0 has no effect on the initial liability.
d) Maximum for this Violation
$770,000 = (76,000 gallons discharge X $10/gallon + $10,000/day)
STEP 5 — TOTAL BASE LIABILITY
$271,040
STEP 6 — ABILITY TO PAY AND ABILITY TO CONTINUE IN BUSINESS
• Score = 1.0
The Discharger's published budget for its fiscal year that ended June 30,
2013 indicated a net surplus of funds (excluding a set-aside for Capital
Improvement Projects) in excess of$1.4 million for its sanitary sewer system
Page 4 of 7
ATTACHMENT A
APPLICATION OF ENFORCEMENT POLICY FACTORS
IRVINE LIFT STATION SSO
ORDER NO. R8-2015-0037
operation. Discharger did not provide any evidence indicating that the
proposed liability would adversely impact continued operation of its system or
otherwise cause undue financial hardship for the District.
STEP 7— OTHER FACTORS AS JUSTICE MAY REQUIRE
• Costs of Investigation and Enforcement Adjustment
The Enforcement Policy provides that the costs of investigation and
enforcement incurred by the Regional Board Prosecution staff are considered
as "other factors as justice may require" and should be added to the liability
amount. An amount of$57,450 has been included in the combined liability
assessment for the Irvine Lift Station and Indus Line SSOs. This amount was
derived from the following breakdown of Regional Board staff involvement:
Investigation (90 hours X $150 per hour) = $ 13,500
Documentation (229 hours X $150 per hour) = $ 34,350
Legal Review (64 hours X $150 per hour) = $ 9,600
TOTAL $ 57,450
This amount includes only costs leading up the drafting and circulation of the
April 30, 2015 Administrative Civil Liability Complaint. As noted above, the
staff costs include costs related to both the Irvine Lift Station and Indus Line
SSOs.
Page 5 of 7
ATTACHMENT A
APPLICATION OF ENFORCEMENT POLICY FACTORS
IRVINE LIFT STATION SSO
ORDER NO. R8-2015-0037
STEP 8— ECONOMIC BENEFIT
The economic benefit for this violation is $60,128, which is comprised of consideration for
costs of installing an improved electrical panel, Smartcover monitoring and alarm system,
and hiring a new staff person. The Enforcement Policy requires that the economic benefit,
plus 10%, be captured, so the recommended penalty must be greater than $66,141 (($31 +
$7 + $60,090) X 1.1 = $66,141).
R8-2016-0026-Costa Mesa Sanitary District—Irvine Sewage Litt Station, Indus Line
expenditure vol Cost Non- dorresbane•
Last stead rl<aoiamnl Amount Data Delayed?' Amount Date Dateor Date Nencempnanca
install Standard Elect-m.81
Control Panel ne Canoga LP s2.06e 8/31/2013 y er31/2013 10/18/2013 131
Statorn
Install Hadronex
On-otter Nbotoring and
AOrmsw ewer Litt $4 e3112013 v ara+rz013 9/18/2013 $7
industriala Seaoe $65146 0/10/2019 8/31/2013 7/14/2014 160.090
utt Staten
Pei -Indite urea same 4/17/2015 1/1/2010 7/24/2015 $1 8,323
Totals $17239 568.21e $28.461
Dm.et tan pmnom 13 ex
Invame Tea Schedule friUnl
Sawa,USEPA BEN Modal Wrslon 6 41
'Enter y tdelayea and n of avoid.]
The economic benefit was derived using the U.S. EPA's BEN Model, and the avoided or
delayed costs, as described in the above diagram.
STEP 9: MAXIMUM AND MINIMUM LIABILITY AMOUNTS
1. Maximum Liability
The maximum liability provided for by statue is $770,000
2. Minimum Liability
The minimum liability amount required by the Enforcement Policy is $66,141
(Economic Benefit +10%).
Page 6 of 7
ATTACHMENT A
APPLICATION OF ENFORCEMENT POLICY FACTORS
IRVINE LIFT STATION SSO
ORDER NO. R8-2015-0037
Step 10: Final Liability Amount for the Irvine Sewage Lift Station Violation
Based on the foregoing analysis, and consistent with the Enforcement Policy
requirement that the discretionary administrative civil liability must not exceed the
maximum liability amount nor be less than the minimum liability amount, the
proposed civil liability is $328,490.
Page 7 of 7
ATTACHMENT B
APPLICATION OF ENFORCEMENT POLICY FACTORS
INDUS LINE SSO
ORDER NO. R8-2015-0037
JANUARY 1, 2015 SSO
This document provides details to support Administrative Civil Liability Order No. R8-
2015-0037 (hereinafter"Order') for Costa Mesa Sanitary District in response to the
alleged violation of California Water Code (hereinafter "CWC") §13385(a)(2) for the
discharge of sewage into Santa Ana Delhi Channel and Upper Newport Bay (a water of
the United States).
CWC §13385(e) specifies factors that the Regional Board shall consider in establishing the
amount of administrative civil liability. The Water Quality Enforcement Policy (hereinafter
"Enforcement Policy") adopted by the State Water Resources Control Board on November
19, 2009, establishes a methodology for assessing administrative civil liability pursuant to
this statute. Use of the methodology addresses the factors in CWC §13385(e). The policy
can be found at:
http //www.waterboards.ca.gov/water issues/programs/enforcement/docs/enf policy finall
11709.pdf)
The factors described below are the basis for the numerical values shown in Attachment C.
STEP 1: POTENTIAL HARM FACTOR
a) Harm Or Potential Harm To Beneficial Uses
• Score = 4 [Above Moderate Threat]
1. As noted in Paragraph No. 6 of the Order, sewage contains pollutants, creates
nuisance conditions and impairs beneficial uses;
2. Sewage contains pathogenic organisms that are harmful to public health; and,
3. The discharge to the Upper Newport Bay impaired the recreational beneficial
uses of the bay and required 3 days of restrictions on recreational uses of the
Upper Bay imposed by the Orange County Health Care Agency. Beaches
associated with the Newport Dunes Waterfront Resort and Marina and the
Newport Aquatic Center were closed to swimming.
b) Physical, Chemical, Biological Or Thermal Characteristics
• Score = 3 [Above Moderate Threat]
1. As noted in Paragraph No. 33 of the Order, the Upper Newport Bay is a sensitive
waterbody because of its high value as an estuary containing a State Ecological
Reserve and because of ongoing efforts by several cities in Orange County and
the County Public Works to reduce coliform bacteria inputs to the waterbody; and
2. The discharge of untreated sewage to surface waters results in increasing
coliform bacteria and in a decrease of dissolved oxygen levels, as untreated
Page 1 of 6
ATTACHMENT B
APPLICATION OF ENFORCEMENT POLICY FACTORS
INDUS LINE SSO
ORDER NO. R8-2015-0037
JANUARY 1, 2015 SSO
sewage is an oxygen-demanding pollutant. The discharge of untreated sewage
to surface waters has the potential to raise ammonia concentrations in the
surface water, which is toxic to potential receptors.
c) Susceptibility To Cleanup Or Abatement
• Score = 1 [Less Than 50 Percent Susceptible to Cleanup and Abatement]
No sewage was recovered of the 8,100 gallons discharged to the Santa Ana
Delhi Channel and Upper Newport Bay.
Score = 8 [4+3+1]
STEP 2: ASSESSMENT FOR DISCHARGE VIOLATIONS
Volume And Total Number Days Of Violation
1. As noted in Paragraph No. 27 of the Order, the discharge volume was 8,100
gallons of sewage. In accordance with CWC 13385(c)(2), the liability
assessment is based on 7,100 gallons (8,100 - 1,000 = 7,100).
2. The discharge occurred on January 1, 2015, and, therefore, occurred within one
24-hour period.
a) Deviation From Requirement
• Score = Moderate
1. The deviation from requirement is scored as moderate because this SSO
reached waters of the US, in direct violation of Prohibition C.1 of of the Statewide
General Waste Discharge Requirements For Sanitary Sewer Systems, Order No.
2006-0003-DWQ (SSS Order)..
2. The Discharger's after-hours emergency response contractor failed to respond to
the SSO incident. This delayed the effort to clear the blockage and cease the
overflow of sewage, and, thus, increased the volume of discharge to the adjacent
Santa Ana Delhi Channel. This delay violated Provision D.7 of Order No. 2006-
0003-DWQ because the Discharger failed to"...take all feasible steps and
necessary remedial actions to 1) control or limit the volume of untreated or
partially treated wastewater discharged, 2) terminate the discharge "
b) Per Day Factor= 0.4(Table 2 of Enforcement Policy)
c) Days of violation = 1
Page 2 of 6
ATTACHMENT B
APPLICATION OF ENFORCEMENT POLICY FACTORS
INDUS LINE SSO
ORDER NO. R8-2015-0037
JANUARY 1, 2015 SSO
d) Initial liability amount = $32,400
(Discharge volume (8,100 – 1,000 = 7,100 gallons) X Maximum penalty
($10.00/gallon) X Per Day Factor (0.4) + (Number of days (1) X Maximum
penalty ($10,000) X Per Day Factor (0.4))
STEP 3: NON-DISCHARGE VIOLATIONS PER DAY FACTOR—N/A
STEP 4: ADJUSTMENT FACTORS
a) Culpability
• Score = 1.1
1. The sewage discharged to the Santa Ana Delhi Channel originated from the
Discharger's sanitary sewer system.
2. The Discharger had video inspected the Indus Line in December, 2007 and
identified at least one reach of the sewer main that exhibited a sag. A sag
represents an abnormality in the vertical alignment of the sewer main that can
contribute to the cause of blockages in the pipeline. This finding caused the
Discharger to increase the cleaning frequency of the Indus Line to twice per year.
3. The Indus Line had last been cleaned in June 2014 and was scheduled to be
cleaned in December 2014; however, the December 2014 cleaning had been
postponed.
4. The duration of the SSO incident, once known by the Discharger, was prolonged
due to the non-responsiveness of their after-hours emergency response
contractor. Newport Beach city staff was requested to supply the cleaning
apparatus to clear the blockage.
5. The Discharger has chosen to clean the Indus Line twice a year for the last five
years. However, after the January SSO incident, the Discharger has placed this
reach of the sewer main on a schedule to be relined during the next budget year.
The selection of 1.1 serves to increase the initial liability.
b) Cleanup And Cooperation
• Score = 1.0
The Discharger had to rely on Newport Beach staff and sewer cleaning apparatus to
clear the blockage from the sewer. Access and the opportunity to contain the sewage
being discharged to the Santa Ana Delhi Channel was inhibited due to its depth (15
Page 3 of 6
ATTACHMENT B
APPLICATION OF ENFORCEMENT POLICY FACTORS
INDUS LINE SSO
ORDER NO. R8-2015-0037
JANUARY 1, 2015 SSO
to 20 feet) and channel configuration (vertical walls). Therefore, no sewage was
recovered. Orange County Public Works retained a contractor to rinse the affected
storm drain inlet, connecting storm drain piping and floor of the Santa Ana Delhi
Channel impacted by the sewage. All rinse water was recovered.
The Discharger was cooperative with Regional Board staff in providing all requested
SSO incident related information.
The selection of 1.0 has no effect on the initial liability, neither increasing nor
decreasing the recommended administrative liability.
c) History Of Violations
• Score = 1.0
The Discharger has experienced six SSOs since 1999 associated with the
Indus Line. None of these SSOs resulted in any form of enforcement
response by Board staff. There was no evidence presented to suggest that
these SSOs reached the Santa Ana Delhi Channel. There is insufficient
evidence to conclude that the cause of these SSOs was related to the cause
of the January 1, 2015 SSO.
The selection of 1.0 has no effect on the initial liability.
d) Maximum for this Violation
$81,000 = (7,100 gallons discharge X $10/gallon + $10,000/day)
STEP 5: - TOTAL BASE LIABILITY
$35,640
STEP 6—ABILITY TO PAY AND ABILITY TO CONTINUE IN BUSINESS
• Score = 1.0
The Discharger's published budget for its fiscal year that ended June 30,
2014 indicated that revenues for the Liquid Waste Fund exceeded expenses
by $1.7 million dollars before an allowance for a deduction for capital
improvement projects. Discharger did not provide any evidence indicating
Page 4 of 6
ATTACHMENT B
APPLICATION OF ENFORCEMENT POLICY FACTORS
INDUS LINE SSO
ORDER NO. R8-2015-0037
JANUARY 1, 2015 SSO
that the proposed liability would adversely impact continued operation of its
system or otherwise cause undue financial hardship for the District.
STEP 7 — OTHER FACTORS AS JUSTICE MAY REQUIRE
• Staff Costs
The Enforcement Policy provides that the costs of investigation and
enforcement incurred by the Regional Board Prosecution staff are considered
"other factors as justice may require" and should be added to the liability
amount. The combined staff costs for investigation and enforcement related
to the Irvine Lift Station and Indus Line SSOs are included in Attachment A.
STEP 8— ECONOMIC BENEFIT
The economic benefit for this violation is $18,323, which is comprised of consideration for
the cost of increasing the sewer line cleaning events to one every quarter of the year for the
same length of time the cleaning frequency has been once every six months. The
Enforcement Policy requires that the economic benefit plus 10% be captured, so the
recommended penalty must be greater than $20,155 ($18,323 X 1.1 = $20,155).
88-2015.0006.Costa Mesa Sanitary District—irv,ne savage Lin station.Indus Line
Compliance Anion OnotTirm s. d.. Ann..'
Cost Non- Compliance
omplianto or Honing Bean of
Co„"
,P EMU Cal
I, >,:tea a�ao,3 "3"20 13 10""2013 :31
Dation
Alan,Onion-lone,nyynon :It
Simon
Hire o SCADS Technician/
indcnnn, semoe 855.146 8/10,2014 a,atem,3 Stannic 160.090
Lift Simon
u r
TotalsS17.739 568.218 178,461
.aa.._...FrommPor,n Dow
..r i. .. .,.a.... .,,,,,o..,..,
vonion s./.1
wraps Ems main. .,a..n..
Astons
The economic benefit was derived using the U.S. EPA's BEN Model, and the avoided or
delayed costs, as described in the above diagram.
Page 5 of 6
ATTACHMENT B
APPLICATION OF ENFORCEMENT POLICY FACTORS
INDUS LINE SW
ORDER NO. R8-2015-0037
JANUARY 1, 2015 SSO
STEP 9: MAXIMUM AND MINIMUM LIABILITY AMOUNTS
1. Maximum Liability
The maximum liability provided for by statue is $81,000
2. Minimum Liability
The minimum liability amount required by the Enforcement Policy is $20,155
(Economic Benefit +10%).
STEP 10: FINAL LIABILITY AMOUNT FOR THE INDUS LINE VIOLATION
Based on the foregoing analysis, and consistent with the Enforcement Policy
requirement that the discretionary administrative civil liability must not exceed the
maximum liability amount nor be less than the minimum liability amount, the
proposed civil liability is $35,640.
Page 6 of 6
ADMINISTRATIVE CIVIL LIABILITY ORDER
ORDER NO.R8-2015-0037
ATTACHMENT C
Instructions Select Item 41=Above Moderate - Select Item 4=Above Moderate
ct Harm/Posential Harm for Discharge Violations Select Item 3=Discharged material poses above moderate Select Item 3=Discharged material poses above moderates
2.Select Degree of ntialH Select Item <50%of Discharge Susceptible to Cleanup or A Select Item <50%of Discharge Susceptible to Cleanup or Al
Select Item Moderate Select Item Moderate
3.Select Susceptibility of Cleanup or Abatement
4.Select Deviation from Standard
5.Click"Determine pe;Gallon/Day..."
6.fill in each parameter to calculate Final Liability Amont
Discharger Name/ID: I 7
Irvine Sewage Lift Sta. Indus Sewer Line SW
P Step 1 Potential Harm Factor _.. 8 B
= Step 2 Per Gallon Factor -... 0.4 0.4
Gallons 76.000 7.100
Statutory I Adjusted Max per Callon(5) $ 10 5 10
Total S 304,000 S 28,400
Per Day Enter '. .- se_ yi • 0.4 0.4
o Days I 1
Statutory Max per Day $ 10.000 5 10,000
Total $ 4,000 $ 4,000
Step 3 Per Day Factor
Days
_a Statutory Max per Day
Total $ - $
Initial Amount of the ACL $ 308,000.00 5 32,400.00
72 E
_ Step 4 Culpability 1.1 $ 33880000 1.1 5 35640.00
Cleanup and Cooperation 0.8 $ 271.040.00 1 $ 35.64400
< History of Violations 1 $ 271040.00 1 $ 35.640.00
Step S Total Base Liability Amount $ 306,680.00
Step 6 Ability to Pay B to Continue in Business 1 3 306680.00
Step 7 Other Factors as Justice May Require 1 $ 306 680.00
Staff Costs $ Si 450 $ 364 130.00
Step B Economic Benefit $ 86.296 $ 364,130.00
Step 9 Minimum Liability Amount S 86.296
Maximum Liability Amount $ 851.000
Step 10 Final Liability Amount $ 364,130.00
Penalty Day Range Generator
Start Date of Violation=
End Date of Violation=
Maximum Days Fined(Step 2)= 0 Days
Minimum Days Fined(Step 2)= Days