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January 19, 2017 Margaret Monahan Prosecutorial Staff California Regional Water Quality Control Board, San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, California 94612 Email: [email protected] Transmitted Via Electronic Mail RE: Industrial Facilities Operating An Industrial Facility Without A Stormwater
Discharge Permit – California Waste Solutions Dear Ms. Monahan,
On behalf of San Francisco Baykeeper (“Baykeeper”) and our more than five thousand members and supporters who use and enjoy the environmental, recreational, and aesthetic qualities of San Francisco Bay and its surrounding tributaries and ecosystems, I respectfully submit these comments for consideration by the California Regional Water Quality Control Board, San Francisco Bay Region (“Regional Board”) regarding the proposed Settlement Agreement and Stipulated Orders (“Conditional Offers”), comprised of the Acceptance of Conditional Resolution, Waiver of Right to Hearing, and tentative order, for industrial facilities operating an industrial facility without a stormwater discharge permit, specifically the Conditional Offers for California Waste Solutions (“CWS”). CWS’ facilities make up five of the eleven industrial facilities which have entered into Conditional Offers for the alleged violation of operating an industrial facility without coverage under the General Permit for Stormwater Discharges Associated with Industrial Activities, Order No. 2014-0057-DWQ, National Pollutant Discharge Elimination System (NPDES) No. CAS000001 (“Industrial Stormwater Permit”). Despite agreeing to the Conditional Offer for each of CWS’ facilities, CWS continues to be in violation of the Industrial Stormwater Permit. The Regional Board cannot approve a settlement agreement with CWS until the facilities are in full compliance with the Industrial Stormwater Permit. (State Water Resources Control Board, Water Quality Enforcement Policy, 2 (2010) [“enforcement actions shall also ensure a timely return to compliance”].)
Baykeeper appreciates the Regional Board’s efforts to ensure that CWS’ facilities are
covered under the Industrial Stormwater Permit, but the Board must ensure that these facilities are actually in compliance with the provisions of the Industrial Stormwater Permit before settling their violations. Based on a review of CWS’ documentation on the Storm Water Multiple Application and Report Tracking System (“SMARTS”) database, Baykeeper has identified major problems with CWS’ reporting. First, CWS continues to upload documents under the administratively terminated Waste Discharger Identification (“WDID”) numbers for its facilities. Second, CWS has misclassified three of its five facilities under the wrong Standard Industrial Classification (“SIC”) code, perhaps in order to avoid analyzing stormwater samples for additional parameters. Third, CWS has failed to update the Stormwater Pollution Prevention Plans (“SWPPPs”) for all five of its
Baykeeper Comments Re: CWS Settlement Page 2 of 4 January 19, 2017
facilities in accordance with the prescriptive requirements of the Industrial Stormwater Permit. Each of these issues is discussed in detail below.
I. Multiple WDID Numbers for Each Facility
CWS improperly continues to use administratively terminated WDIDs for each of its
facilities. Pursuant to the Industrial Stormwater Permit, each industrial discharger is assigned a WDID number when a discharger registers for coverage under the Industrial Stormwater Permit, which is recorded as a Notice of Intent (“NOI”). (Industrial Stormwater Permit, Order at Section II(B)(1).) Existing dischargers with NOI coverage were required to recertify their NOIs for continued coverage under the Industrial Stormwater Permit. (Id. Order at Section II(B)(4).) The Regional Board may administratively terminate an NOI if the existing discharger fails to timely recertify the NOI. (Id.)
CWS failed to timely recertify the NOIs for its facilities, and the existing NOIs were
administratively terminated. Despite having new WDID numbers, CWS has continued to upload documents to the SMARTS database under the terminated WDID numbers. Moreover, CWS took the opportunity to reclassify its recycling facilities under an incorrect SIC code, as discussed below in section II. The table below lists the facilities’ address, old WDID number and new WDID number.
Facility Address Old WDID No. New WDID No.
1819 10th Street, Oakland 2 01I020361 2 01I026764 1820 10th Street, Oakland 2 01I017552 2 01I026767 3300 Wood Street, Oakland 2 01I017555 2 01I026766 1005 Timothy Drive, San Jose 2 43I017556 2 43I026763 1120 Berryessa Road, San Jose 2 43I020947 2 43I026765
The Regional Board needs to review the WDID numbers and associated reports for CWS’ facilities, and require current reporting under the active WDID number for each facility.
II. Incorrect SIC Codes
CWS has misclassified several of its facilities under the incorrect SIC code in violation of the Industrial Stormwater Permit. Depending on a discharger’s SIC code, the discharger may be required to analyze its stormwater samples for analytical parameters in addition to total suspended solids (“TSS”), oil and grease, and pH. (See Industrial Stormwater Permit, Order at Section XI(B)(6)(d); Order at Attachment A.) Table 1 of the Industrial Stormwater Permit lists SIC codes which require analysis for additional parameters, including SIC code 5093 – scrap and waste materials. (Id. at Table 1.) A discharger classified under SIC code 5093, including recycling facilities, must analyze its stormwater samples for TSS, oil and grease, pH, iron, lead, aluminum, zinc, and chemical oxygen demand (“COD”). (Id.)
Under the previous iteration of the Industrial Stormwater Permit, CWS’ recycling facilities
located at 1820 10th Street and 3300 Wood Street in Oakland, and 1005 Timothy Drive in San Jose were correctly self-classified under SIC code 5093 as recycling facilities. (See old NOIs, attached
Baykeeper Comments Re: CWS Settlement Page 3 of 4 January 19, 2017
hereto as Attachments 1-3.) In its August 26, 2016 NOIs, CWS incorrectly reclassified these facilities under SIC code 4212 – local trucking without storage. (See new NOIs, attached hereto as Attachments 4-6.) SIC code 4212 may be applicable to these facilities as a secondary SIC code, but it is unacceptable for CWS to mischaracterize the industrial activities at these facilities, which are recycling facilities. As a result of reclassifying these facilities under SIC code 4212, CWS is no longer required to analyze these facilities’ stormwater samples for heavy metals and COD.
Baykeeper is familiar with the stormwater sampling results from each of CWS’ recycling
facilities, and we can confirm that the facilities have historically discharged industrial stormwater with unacceptably high concentrations of heavy metals and COD. In October 2011, Baykeeper transmitted a Notice of Violation and Intent to File Suit under the Clean Water Act (“60-Day Notice Letter”) for violations of the previous iteration of the Industrial Stormwater Permit at CWS’ facility located at 1005 Timothy Drive in San Jose. Baykeeper and CWS resolved the allegations in the 60-Day Notice Letter out of court in January 2012. Despite Baykeeper’s efforts to bring CWS into compliance, they were unresponsive to our requests that they implement appropriate best management practices (“BMPs”). Over the course of the agreement, CWS continued to discharge industrial stormwater polluted with high levels of TSS, oil and grease, heavy metals, and COD.
Recent site reconnaissance conducted by Baykeeper staff confirms that industrial activities
have not changed at CWS’ recycling facilities. Thus, it is likely that stormwater from these facilities will continue to be polluted by heavy metals and COD. However, CWS will not analyze its stormwater for these parameters because of its incorrect SIC code, and thus, CWS will not implement responsive BMPs to reduce pollutant loading accordingly. This scenario is unacceptable, and the Regional Board must require CWS to classify its facilities under the correct SIC code and conduct stormwater sampling analysis.
III. SWPPPs and Site Maps
CWS has failed to upload to the SMARTS database SWPPPs and site maps for each of its
facilities in compliance with Section X of the Industrial Stormwater Permit. Section X of the Industrial Stormwater Permit lists all of the requirements for a compliant SWPPP. (See Industrial Stormwater Permit, Order at Section X.) Section X.E of the Industrial Stormwater Permit lists the requirements for a compliant site map. (See id. at Section X.E.) These requirements are significantly more prescriptive than the equivalent provisions in the 1997 Industrial Stormwater Permit. Thus, it is not possible for a SWPPP prepared under the 1997 Industrial Stormwater Permit to fully comply with the terms of the current Industrial Stormwater Permit.
CWS has uploaded to SMARTS copies of old SWPPPs and site maps which do not comply
with the Industrial Stormwater Permit. These documents indicate they were last updated between 2007 and 2012. (See outdated SWPPP cover pages, attached hereto as Attachments 7-11.) CWS did not even bother to update the SWPPPs with each facility’s respective new WDID number, and failed to update the substantive portions of the SWPPPs to comply with the Industrial Stormwater Permit. The Regional Board must require CWS to comply with the Industrial Stormwater Permit and submit updated SWPPPs and site maps for its facilities.
Baykeeper Comments Re: CWS Settlement Page 4 of 4 January 19, 2017
IV. Conclusion
In sum, CWS has filed NOIs for coverage under the Industrial Stormwater Permit, but they are only in compliance on the surface. Close review of CWS’ reporting indicates a systematic practice of doing the bare minimum to maintain the appearance of compliance while not actually complying with the provisions of the Industrial Stormwater Permit. Baykeeper requests that the Regional Board not settle the violations against CWS at this time, but instead pursue additional enforcement proceedings against CWS to consolidate reporting under a single WDID number for each facility, classify each facility under the correct SIC code, upload updated SWPPPs and site maps to the SMARTS database, and ensure CWS’ full compliance with the Industrial Stormwater Permit.
Very truly yours, _____________________ Nicole C. Sasaki Associate Attorney San Francisco Baykeeper Attachments.
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Phone: Email:
RWQCB Jurisdiction:
State Water Resources Control Board
NOTICE OF INTENTGENERAL PERMIT TO DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY (WQ ORDER No. 2014-0057-DWQ)(Excluding Construction Activities)
Name:Address:
Address 2:
City/State/Zip:
Contact Name:Title:
Phone Number:Email Address:
Contact Name: Title:Site Name:
Address:
City/State/Zip: Site Phone #:County: Email Address:
Latitude: Longitude:
1.2.3.
Receiving Water:
Site Size:Industrial Area Exposed to Storm Water:
Percent of Site Impervious (Including Rooftops):
SIC Code Information
Facility Information
Operator Information
Additional Information
Storm Drain System:Compliance Group:
Flow:
Type:
Status:
Level:
Federal Tax ID:
WDID:
Certification
Name:
Title:Date:
Indirectly
Local Trucking Without Storage
MATTHEW RODRIQUEZ
71200 Sq.Feet
Region 2 - San Francisco Bay
1820 10th Street
510-622-2300
1820 10th Street
37.811572
Alameda
2 01I026767
Corporate Safety,Health and Environmental Manager
EDMUND G. BROWN JR.
Chester Green
-122.303848
Storm Water
Oakland CA 94607
Leticia Jauregui
Chester Green
California Waste Solutions
Corporate Safety Health and Environmental Manager
California Waste Solutions
Oakland CA 94607
510-684-6520
4212
510-684-6520
100 %
33158.78 Sq.Feet
December 07, 2016
Private Business
Active
Attachment 5
Phone: Email:
RWQCB Jurisdiction:
State Water Resources Control Board
NOTICE OF INTENTGENERAL PERMIT TO DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY (WQ ORDER No. 2014-0057-DWQ)(Excluding Construction Activities)
Name:Address:
Address 2:
City/State/Zip:
Contact Name:Title:
Phone Number:Email Address:
Contact Name: Title:Site Name:
Address:
City/State/Zip: Site Phone #:County: Email Address:
Latitude: Longitude:
1.2.3.
Receiving Water:
Site Size:Industrial Area Exposed to Storm Water:
Percent of Site Impervious (Including Rooftops):
SIC Code Information
Facility Information
Operator Information
Additional Information
Storm Drain System:Compliance Group:
Flow:
Type:
Status:
Level:
Federal Tax ID:
WDID:
Certification
Name:
Title:Date:
Indirectly
Local Trucking Without Storage
MATTHEW RODRIQUEZ
71200 Sq.Feet
Region 2 - San Francisco Bay
3300 Wood Street
510-622-2300
3300 Wood Street
37.824682
Alameda
2 01I026766
Corporate Safety,Health and Environmental Manager
EDMUND G. BROWN JR.
Chester Green
Corporate Safety,Health and Environmental Manager
-122.292115
Storm Water
Oakland CA 94607
Leticia Jauregui
Chester Green
California Waste Solutions
Corporate Safety Health and Environmental Manager
California Waste Solutions
Oakland CA 94607
510-684-6520
4212
510-684-6520
100 %
27870.67 Sq.Feet
December 07, 2016
Private Business
Active
Attachment 6
Phone: Email:
RWQCB Jurisdiction:
State Water Resources Control Board
NOTICE OF INTENTGENERAL PERMIT TO DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY (WQ ORDER No. 2014-0057-DWQ)(Excluding Construction Activities)
Name:Address:
Address 2:
City/State/Zip:
Contact Name:Title:
Phone Number:Email Address:
Contact Name: Title:Site Name:
Address:
City/State/Zip: Site Phone #:County: Email Address:
Latitude: Longitude:
1.2.3.
Receiving Water:
Site Size:Industrial Area Exposed to Storm Water:
Percent of Site Impervious (Including Rooftops):
SIC Code Information
Facility Information
Operator Information
Additional Information
Storm Drain System:Compliance Group:
Flow:
Type:
Status:
Level:
Federal Tax ID:
WDID:
Certification
Name:
Title:Date:
Indirectly
Local Trucking Without Storage
MATTHEW RODRIQUEZ
123290 Sq.Feet
Region 2 - San Francisco Bay
1005 Timothy Drive
510-622-2300
1005 Timothy Drive
37.36515
Santa Clara
2 43I026763
Corporate Safety,Health & Environmental Manager
EDMUND G. BROWN JR.
Leticia Jauregui
Corporate Safety,Health and Environmental Manager
-121.87998
Storm Water
San Jose CA 95133
Leticia Jauregui
Leticia Jauregui
California Waste Solutions
Corporate Safety Health and Environmental Manager
California Waste Solutions
San Jose CA 95133
510-832-8111
4212
510-832-8111
100 %
50427.84 Sq.Feet
December 07, 2016
Private Business
Active
Attachment 7
www.beyondcompliance.net
STORM WATER POLLUTION PREVENTION PLAN
WDID NO. 201I020361
California Waste Solutions
1819 10th Street Facility Oakland, California
August 2007
Prepared for: California Waste Solutions
1820 10th Street Oakland CA 94607
Prepared By: Beyond Compliance LLC
1904 Franklin Street, Suite 418 Oakland CA 94612
Attachment 8
www.beyondcompliance.net
STORM WATER POLLUTION PREVENTION PLAN
WDID NO. 201I017552
California Waste Solutions
1820 10th Street Facility Oakland, California
August 2007
Prepared for: California Waste Solutions
1820 10th Street Oakland CA 94607
Prepared By: Beyond Compliance LLC
1904 Franklin Street, Suite 418 Oakland CA 94612
Attachment 9
Attachment 10
www.beyondcompliance.net
STORM WATER POLLUTION PREVENTION PLAN
WDID NO. 243I017556
California Waste Solutions
1005 Timothy Drive Facility San Jose, California
Revised April 2008 Revised July 2012
Prepared for: California Waste Solutions
1820 10th Street Oakland CA 94607
Prepared By: Beyond Compliance LLC
1904 Franklin Street, Suite 418 Oakland CA 94612
Attachment 11