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Arnold <br />Schwarzenegger <br />Governor <br />''••••AN <br />Linda S. Adams <br />.Necre fury for <br />Environmental <br />Protection <br />egional Water Quality Col ol Board <br />Central Valley Region <br />Sacramento Nlain Office <br />I 1020 Sun Center Drive #200. Rancho Cordova. California 950 <br />Phone (916) 464-3291 • FAX (9)6) 464-4645 i• <br />http://www.waterboards.ca.govicentralvalley <br />Itc 11 PH I: 17 <br />8 December 2006 <br />Jeff Kasper, Deputy Director <br />Port of Stockton <br />P.O. Box 2089 <br />Stockton, CA 95201-2089 <br />SAH CO'XITY ENVIRONMENTAL <br />HEALTH DEPARTMENT <br />Dave Wilkey, General Manager <br />Martin Operating Partnership <br />P.O. Box 982 <br />Stockton, CA 95201-0982 <br />NOTICE OF VIOLATION <br />WATER CODE SECTION 13260, MARTIN OPERATING PARTNERSHIP (FORMERLY BAY <br />SULFUR) / PORT OF STOCKTON, SAN JOAQUIN COUNTY <br />The Regional Water Quality Control Board (Regional Water Board) staff inspected Martin <br />Operating Partnership's (Discharger) two unclassified lined ponds on 1 December 2006. One <br />lined pond was empty and the second contained liquid. The inspection report is attached. <br />During the inspection, staff field-tested the liquid of the storm-drain run-off pond for pH using <br />test strip paper. The pond liquid had a pH of 1.5 — 2, which are hazardous levels. Although the <br />pond is lined, it is not permitted and likely not constructed in a manner that can accept this <br />type of waste. Therefore, the discharge of liquid with low pH to the storm-drain run-off pond <br />should discontinue. <br />While staff was inspecting the lined ponds, it was observed that liquid was slowly flowing <br />across bare soil towards and into the storm-drain run-off pond. The pH of this liquid was also <br />1.5 — 2. The Discharger stated that this liquid was from a nearby AST and that the liquid had <br />been removed from the AST and discharged onto the adjacent bare soil during maintenance. <br />The Discharger had previously submitted a Report of Waste Discharge (RWD) in March 2006. <br />However, the submitted RWD does not cover the discharge of waste directly to land (i.e., bare <br />soil) or into either lined pond, as observed during the inspection. Therefore, the Discharger is <br />in violation of California Water Code Section 13260, which states "Any person discharging <br />waste, ... that could affect the quality of the waters of the state..." shall submit a RWD. <br />Therefore, the Discharger shall perform and submit the following to remediate the illegal <br />discharge and to come into compliance with the California Water Code: <br />By 15 December 2006, pump, remove, and cleanup all the ponded liquid discharged <br />from the AST to the bare soil. Sample the impacted soil for pH, sulfate, and CAM 17 <br />total and dissolved metals. Cleanup of the liquid waste may include off-site disposal to <br />a facility permitted to accept this waste. <br />By 15 December 2006, remove the low pH liquid from the lined pond. Pump the liquid <br />into the AST or dispose of it at a facility permitted to accept this waste. <br />California Environmental Protection Agency <br />c47:, Re C:vcled Paper