january 19, 2017 prosecutorial staff...1005 timothy drive, san jose 2 43i017556 2 43i026763 1120...

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 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


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.


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

[email protected]

[email protected]

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


Oakland CA 94607

510-684-6520

4212

510-684-6520

100 %

[email protected]

33158.78 Sq.Feet

December 07, 2016

Private Business

Active

ALagarias

Text Box

Attachment 5

Phone: Email:

RWQCB Jurisdiction:




Name:Address:

Address 2:

City/State/Zip:

Contact Name:Title:



Address:



1.2.3.

Receiving Water:








Flow:

Type:

Status:

Level:

Federal Tax ID:

WDID:

Certification

Name:

Title:Date:

Indirectly


[email protected]

[email protected]

MATTHEW RODRIQUEZ

71200 Sq.Feet


3300 Wood Street

510-622-2300

3300 Wood Street

37.824682

Alameda

2 01I026766


EDMUND G. BROWN JR.

Chester Green


-122.292115

Storm Water

Oakland CA 94607

Leticia Jauregui

Chester Green




Oakland CA 94607

510-684-6520

4212

510-684-6520

100 %

[email protected]

27870.67 Sq.Feet

December 07, 2016

Private Business

Active

ALagarias

Text Box

Attachment 6

Phone: Email:

RWQCB Jurisdiction:




Name:Address:

Address 2:

City/State/Zip:

Contact Name:Title:



Address:



1.2.3.

Receiving Water:








Flow:

Type:

Status:

Level:

Federal Tax ID:

WDID:

Certification

Name:

Title:Date:

Indirectly


[email protected]

[email protected]

MATTHEW RODRIQUEZ

123290 Sq.Feet


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


-121.87998

Storm Water

San Jose CA 95133

Leticia Jauregui

Leticia Jauregui




San Jose CA 95133

510-832-8111

4212

510-832-8111

100 %

[email protected]

50427.84 Sq.Feet

December 07, 2016

Private Business

Active

ALagarias

Text Box

Attachment 7

www.beyondcompliance.net

STORM WATER POLLUTION PREVENTION PLAN

WDID NO. 201I020361


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



WDID NO. 201I017552


1820 10th Street Facility Oakland, California

August 2007





Attachment 9

Attachment 10



WDID NO. 243I017556


1005 Timothy Drive Facility San Jose, California

Revised April 2008 Revised July 2012





Attachment 11

january 19, 2017 prosecutorial staff...1005 timothy drive, san jose 2 43i017556 2 43i026763 1120...

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