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Sims-Grupe 3 27 March 2024 <br /> Violation 1. Failure to conduct groundwater monitoring activities. Required Action #1 <br /> of the MRP Order requires the Responsible Party to perform monitoring and <br /> reporting of Site monitoring wells and select domestic water supply wells. As <br /> presented in Table 1 of the MRP Order, the Responsible Party is required to sample <br /> four groundwater monitoring wells, two new monitoring wells, and four domestic <br /> supply wells on a quarterly frequency. Monitoring well sampling has not been <br /> completed in accordance with the MRP Order since 17 September 2021; and <br /> Violation 2. Failure to submit electronic data reports. Required Action #3 of the MRP <br /> Order requires the Responsible Party to submit electronic data reports quarterly to <br /> the State Water Resources Control Board GeoTracker database. Quarterly data <br /> reports have not been submitted since 3 November 2021. <br /> IV. Corrective Action to Reestablish Compliance <br /> To reestablish compliance the Responsible Party must complete the following <br /> Corrective Actions: <br /> 1. Resume groundwater monitoring sampling in accordance with the MRP Order <br /> provision, providing Central Valley Water Board staff at least 72 hours advance <br /> notice of the sampling event; and <br /> 2. Submit evidence of compliance through submission of past due groundwater <br /> monitoring, geo-well and analytical data by 1 May 2024. All reports and <br /> monitoring data are required to be submitted electronically via the State Water <br /> Resources Control Board's GeoTracker Database, in accordance with Division 3, <br /> Chapter 30 of California Code of Regulations, Title 23. <br /> This Notice of Violation neither extends nor excuses compliance with the deadline(s) <br /> originally imposed in the MRP Order. However, the Board's Prosecution Team may <br /> elect not to pursue additional enforcement of the violations described in this Notice if <br /> you submit evidence in accordance with the Corrective Actions to Reestablish <br /> Compliance due dates above. <br /> V. Potential Liability/Fines <br /> On 3 February 2020, the Central Valley Water Board issued a Notice of Violation for the <br /> Site to Sims-Grupe for failure to conduct routine groundwater monitoring activities. <br /> Continued noncompliance with MRP Order requirements will result in recommendation <br /> to Central Valley Water Board management for administrative civil liabilities (ACLs). <br /> ALCs for noncompliance may result in the assessment of penalties up to $1,000 per day <br /> per occurrence of noncompliance. As shown in the table below, the total maximum <br /> administrative civil liability is $1,585,000 as of 18 March 2024. However, Central Valley <br /> Water Board staff may recommend an ACL complaint not be issued if routine <br /> groundwater monitoring, as detailed in the MRP Order, is completed by 1 May 2024. <br />