Wholly H2o - California's Integrated Water Reuse Management Center

The Complaint addresses three discharges from two EBMUD wet weather facilities (WWFs) and one diversion structure: the Point Isabel Wet Weather Facility in Richmond, Contra Costa County; the San Antonio Creek Wet Weather Facility in Oakland, Alameda County; and the Webster Street Diversion Structure in Alameda, Alameda County.  The discharges occurred on February 17, 2009, and October 13, 2009.

The Discharger violated Order No. R2-2009-0004 (National Pollutant Discharge Elimination System [NPDES] Permit No. CA0038440) (2009 NPDES Permit); Cease and Desist Order No. R2-2009-0005 (2009 CDO); and State Water Resources Control Board (State Water Board) Order No. 2006-0003 DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (General WDR). More information can be found at: http://www.waterboards.ca.gov/sanfranciscobay/public_notices/pending_enforcement.shtml

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The California Regional Water Quality Control Board, San Francisco Bay Region (Water Board) Prosecution Team issued a Complaint for Administrative Civil Liability (ACL) on July 15, 2010.  The Complaint alleges that HSR, Inc. is responsible for storm water discharges at two construction projects at Landfill 8 and Landfill 10 at the Presidio and proposes that the HSR, Inc. pay $118,085.  

The Complaint and related documents, including the procedure for Water Board hearings (with deadlines for submitting comments), are available at http://www.waterboards.ca.gov/sanfranciscobay/public_notices/pending_enforcement.shtml.  The Prosecution Team may amend and re-notice its Complaint in response to comments from the Discharger and the public.

The Water Board will hold a hearing on October 13, 2010 to consider adoption of the ACL and/or referral of the matter to the Attorney General, unless the Discharger waives its right to a hearing within 90 days.  The 90-day hearing requirement may be waived to pay the penalty as proposed, extend deadlines, or pursue settlement and/or a supplemental environmental project.  

For additional information and updates, please contact Brian Thompson at (510) 622-2422 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or check the Water Board’s website link cited above.