Nov 9 Oct 08

California Regional Water Quality Control Board Central Valley Region Karl E. Longley, ScD, P.E., Chair Linda S. Adams Secretary for Environmental Protection

11020 Sun Center Drive #200, Rancho Cordova, California 95670-6114 Phone (916) 464-3291 • FAX (916) 464-4645 http://www.waterboards.ca.gov/centralvalley

Arnold Schwarzenegger Governor

9 October 2008

Virgil Koehne, District Manager Town of Discovery Bay Community Services District 1800 Willow Lake Road Discovery Bay, CA 94505

CERTIFIED MAIL 7008 1140 0002 8806 0135 (and email)

NOTICE OF VIOLATION, TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT, LAKESHORE RESIDENTIAL COMMUNITY SANITARY SEWER OVERFLOW, CONTRA COSTA COUNTY Enclosed is a Central Valley Water Board staff memorandum detailing Discovery Bay Community Services District’s violations of Waste Discharge Requirements (WDRs) Order R5-2003-0067 (NPDES CA0078590) and the Statewide WDRs for Sanitary Sewer Systems Order 2006-0003-DWQ. The violations are a result of the 17/18 July 2008 Lakeshore sanitary sewer overflow (SSO), as well as response and reporting deficiencies before, during and after the event. Based on Central Valley Water Board staff investigation of the 17/18 July 2008 Lakeshore SSO, DBCSD is hereby required to submit technical report(s) to address the following: 1. The DBCSD did not submit all information required in the California Water Code 13267 Order issued on 28 August 2008. While some required information was submitted, the following information remains due, and needs to be submitted by 22 October 2008 : a) DBCSD was required to address non-compliance with reporting requirements. Nothing has been submitted to demonstrate that actions have been taken to prevent a recurrence, or that future spills will be properly reported. b) DBCSD was required to include an analysis of the frequency, duration, and impact of power failures at lift stations that have been experienced over the past five years, the impacts of those failures on effluent quality, and on the capability of DBCSD to comply with the terms and conditions of the WDRs. c) DBCSD did not submit a technical report of preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges, and for minimizing the effect of such events, as was required pursuant to Standard Provisions B.3. In the event that DBCSD does not have the Standard Provisions and reporting requirements, these can be downloaded from our website at: http://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/st d_provisions/npdes-mar1991.pdf

California Environmental Protection Agency Recycled Paper

Virgil Koehne

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9 October 2008

2. Because of the deficiencies observed in SSO reporting and response, DBCSD must complete and submit the Sanitary Sewer Management Plan (SSMP) Overflow Emergency Response Plan, as described in Order 2006-0003-DWQ Section D.13.(vi), by 5 January 2009. This Plan is required prior to the due date in Order 2006-003-DWQ to ensure that proper measures to protect public health and the environment will be implemented for future SSOs. The Plan should cover, in detail, all reporting requirements included in Order R5-2003-0067 and Order 2006-0003-DWQ as revised by Order WQ 2008-0002EXEC. The Plan should also include input from the local health department and the director of environmental health regarding necessary actions to safeguard public health and safety. 3. DBCSD must submit all the missing SSO Certified reports that should have been submitted to the CIWQS database for all SSOs experienced prior to the 17/18 July 2008 Lakeshore SSO. DBCSD must submit the records of all SSOs, since 2 May 2006, that are required to be retained pursuant to Order 2006-0003-DWQ, MRP Section B.5. The data must be input no later than 22 October 2008. 4. In its response to the 13267 Order, DBCSD indicated that a number of corrective actions would be completed on the Newport sewer pump control system and alarms, by the end of September 2008. Please certify by 22 October 2008 that the corrective actions were completed as promised. SPILL REPORTING The enclosed memorandum indicates that DBCSD has not been fully aware of SSO reporting requirements included in Order R5-2003-0067 and Order 2006-0003-DWQ as revised by Order WQ 2008-0002-EXEC. In the event of a future SSO, DBCSD must comply immediately with the following reporting requirements: 1. Reporting requirements under Order R5-2003-0067: a. DBCSD shall notify the Central Valley Water Board by telephone within 24 hours of having knowledge of an SSO (please note the more stringent requirements in 2., below). b. DBCSD shall confirm the above notification (in 1.a.) in writing within five days. The notification must contain the information required in WDRs Standard Provision B.1., including the nature, time, duration, and cause of noncompliance, and shall describe the measures being taken to remedy the current noncompliance and, prevent recurrence including, where applicable, a schedule of implementation. 2. Reporting requirements under Order 2006-0003-DWQ as revised by Order WQ 20080002-EXEC: a. DBCSD, for any discharges of sewage that result in a discharge to a drainage channel or a surface water, shall within two hours after becoming aware of the discharge, notify the State Office of Emergency Services (OES), the local health officer or directors of environmental health, and the Central Valley Water Board.

Virgil Koehne

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9 October 2008

b. DBCSD, no later than twenty-four hours after becoming aware of a discharge to a drainage channel or a surface water, shall submit to the Central Valley Water Board a certification that OES and the local helath officer or directors of environmental health have been notified. c. DBCSD shall report Category 1 SSOs, except as provided above, no later than three business days after being aware of the discharge. A final certified report must be completed through CIWQS within fifteen calendar days of the conclusion of SSO response and remediation. d. DBCSD shall report Category 2 SSOs to CIWQS within 30 days after the end of the calendar month in which the SSO ocurrs. 3. Reporting Requirements under CWC section 13271: a. For any SSOs into or on waters of the State (includes surface and groundwater) that exceed a reportable quantity (1000 gallons), DBCSD shall, as soon as (A) that person has knowledge of the discharge, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services. The technical report(s), required above, must be signed and certified following the certification requirements pursuant to Standard Provisions and Reporting Requirements for Waste Discharge Requirements (1 March 1991) Section D.6.: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” Staff will continue to evaluate the need for additional enforcement action(s) as a result of the Lakeshore SSO and reporting deficiencies. If you have any questions regarding this Notice of Violation or the enclosed memorandum, please contact Oscar Biondi at (916) 464-4663 or Patricia Leary at (916) 464-4623. ORIGINAL SIGNED BY WENDY WYELS WENDY WYELS Supervisor, Compliance and Enforcement Section Enclosure: Review of the 17/18 July 2008 Lakeshore Sanitary Sewer Overflow Memorandum cc:

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Virgil Koehne

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9 October 2008

Mr. Kenneth Greenberg, USEPA, Region 9, San Francisco Mr. Patrick Pulupa, Office of Chief Counsel, SWRCB, Sacramento Mr. Mark Bradley, Office of Enforcement, SWRCB, Sacramento Mr. Jim Fischer, Division of Water Quality, SWRCB, Sacramento Ms. Betty Graham, California Department of Public Health, Drinking Water Program District Office, Richmond Mr. Sherman Quinlan, Contra Costa County Environmental Health Dept., Concord Ms. Christina Safholm, Contra Costa County Environmental Health Dept., Concord Mr. Randy Johnson, Southwest Water Company, Discovery Bay Ms. Jennifer McKay, Discovery Bay Mr. Bob Mankin, Discovery Bay

cc (by email): Mr. Bill Graham–Reefer, Half Way To Concord Mr. Jonathan Lockett, East County Times