April 13, 2017

Jerry Gruber, General Manager Sent via Electronic and Certified Mail
Cambria Community Services District 7011 2970 0000 2418 6963
P.O. Box 65 RETURN RECEIPT REQUIRED
Cambria, CA 93428
Email: JGruber@cambriacsd.org

Dear Mr. Gruber:

ENFORCEMENT PROGRAM: CAMBRIA COMMUNITY SERVICES DISTRICT EMERGENCY
WATER SUPPLY FACILITY, CAMBRIA, SAN LUIS OBISPO COUNTY – RESPONSE TO
TECHNICAL INFORMATION SUBMITTED IN RESPONSE TO THE NOTICE OF VIOLATION
AND WATER CODE SECTION 13267 ORDER DATED FEBRUARY 9, 2017

On February 9, 2017, the Central Coast Regional Water Quality Control Board’s (Water Board)
Assistant Executive Officer issued three notices of violation (NOVs) and a directive to submit
technical and monitoring reports pursuant to Water Code section 13267 (13267 Order) to
Cambria Community Services District (CCSD) for non-compliance with Waste Discharge
Requirements (WDR) Orders No. R3-2014-0047 and No. R3-2014-0050. The 13267 Order
required CCSD to submit various plans and associated schedules to bring CCSD’s Class II
Surface Impoundment (Surface Impoundment) into compliance with WDR Order No. R3-2014-
0047. CCSD submitted its response to the NOVs and 13267 Order (13267 Response) on
February 28, 2017, for Water Board staff’s review. This letter recommends compliance actions,
reviews the 13267 Response, identifies recently discovered violations, and notifies CCSD of
impending formal enforcement.

CCSD is hereby notified of Water Board staff’s determination that the CCSD is not managing
the Surface Impoundment in compliance with Order No. R3-2014-0047. As discussed below,
Water Board enforcement staff is preparing a cease and desist order and an administrative civil
liability complaint for the Board’s consideration at its July 2017 meeting (or a later meeting).
Additional information on these enforcement decisions is forthcoming.

Please conduct a detailed review of this letter. Continued violations of the WDRs or 13267
Order referenced herein subject CCSD to further enforcement. Water Board staff preserves its
authority to prosecute this matter to the fullest extent allowed by law.

This letter is divided into four sections:

I. Achieving Compliance with Required Freeboard
II. Review of CCSD’s 13267 Response
III. Recently Identified WDR Violations
IV. Proposed Formal Enforcement Actions
Jerry Gruber -2- April 13, 2017

I Achieving Compliance with Required Freeboard

As required by WDR Order No. R3-2014-0047, the District must draw down the level of the
water currently in the Surface Impoundment to regain compliance with the minimum
freeboard requirement of 34.2 inches. The CCSD has been out of compliance in maintaining
the minimum freeboard since January 9, 2017. The CCSD presented three options for
removing water from the top of the water column in the Surface Impoundment. CCSD staff
indicated that they would like to blend Surface Impoundment water with the municipal
wastewater treatment plant’s (WWTP) influent to achieve compliance with freeboard
requirements. If Surface Impoundment water is handled in this way, CCSD must remain in
compliance with WWTP effluent limits, especially boron levels as the WWTP’s effluent must
remain below the Central Coast Water Board Basin Plan water quality objective of 0.75
milligrams per liter (mg/L).

CCSD presented the following three options to handle Surface Impoundment water:

1. Reversing flow in WWTP piping
2. Sending water to the State Park’s San Simeon Campground collection system
3. Trucking water to the WWTP headworks

Of the alternatives presented, Water Board staff endorses option 3, the “trucking” method, as it
appears to be the least problematic method of coming into compliance with the freeboard
requirement for the Surface Impoundment while protecting water quality in the San Simeon
Groundwater Basin. If CCSD elects to implement any of the options above, then it must submit
a workplan as soon as possible for the Executive Officer’s approval. The Executive Officer must
approve any plan before the CCSD discharges the impoundment water to verify proper
operation, disposal, and monitoring. If the CCSD discharges impoundment water to the WWTP,
the workplan should address all of the following:

1. Minimize Transfer of Solids to WWTP. The CCSD should only remove water from the
top of the Surface Impoundment’s water column to minimize the transfer of solids to the
WWTP and any potential adverse impacts that may have on the CCSD’s compliance
with all provisions of WDR Order No. 01-100, which governs the WWTP.

2. Monitor WWTP Effluent for Boron on a Daily Basis. Recent samples of Surface
Impoundment water indicate boron concentrations of approximately 4.8 mg/L. The
Basin Plan groundwater quality objective for boron for the receiving water is 0.75 mg/L 1.
Preventing the CCSD’s blending operation from threatening that objective will require
frequent monitoring of WWTP effluent. CCSD should monitor WWTP effluent for boron
concentrations daily using composite sampling for the duration of the blending and
immediately notify Water Board staff via telephone and email (see contact information
below) if sampling results show boron concentrations at or above 0.75 mg/L. CCSD
should make corrective actions to reduce the effluent concentration to below 0.75 mg/L,
such as reducing the ratio of impoundment water blended at the WWTP, ceasing the
blending, or increasing the frequency of upgradient and downgradient groundwater
monitoring to evaluate compliance with WDR Order No. 01-100, Groundwater Limitation
No. 2. All monitoring data must be reported in CCSD’s regular self-monitoring reports
per WDR Order No. 01-100.
1
Basin Plan, Table 3-4, Water Quality Objectives for Agricultural Water Use.
Jerry Gruber -3- April 13, 2017

II Review of CCSD’s 13267 Response

The 13267 Order dated February 9, 2017, required CCSD to provide several plans by March 1,
2017. Each required item is addressed below in its order of occurrence in the 13267 Order.

Requirement 1.

[The CCSD shall provide] ”A plan and associated schedule to address the existing mixture
of brine, storm water, sediment and any additional rain that falls on the surface
impoundment as needed to bring the facility into compliance with WDR Order No. R3-2014-
0047 Specifications C.4 and C.5. The plan must address the mixture of solids, which include
both brine and sediment, currently within the surface impoundment. At a minimum, the
plan must identify the amount of solids within the surface impoundment and the
associated reduction in holding capacity, and identify alternatives for the removal and
proper disposal of the solids…In addition to addressing the current violations, the plan must
identify ongoing controls and response actions the CCSD will implement to maintain the
required two feet of freeboard and capacity for 1,000-year, 24-hour storm events.”
(emphasis added)

CCSD’s Response 1.

CCSD’s response stated:

“The District is currently completing plans to follow up the measures taken on January 10,
2017 and January 20, 2017 to address erosion concerns associated with the earthen
ditches, as well as erosion created by storm water. This has included contacting a local
consultant to assist staff in coordinating with laborers, contractors, and suppliers to further
line the ditches and add necessary erosion control measures. One option under
consideration is the use of a prefabricated corrugated polyethylene liner (SmartDitch
sections), which may be easier to install using hand labor or minimally sized mechanical
equipment. The lining work and erosion control measures are expected to be completed
within the next 4 to 6 weeks, subject to CCSD Board approval, as well as weather
conditions.”

Water Board Staff’s Response 1.

The CCSD violated 13267 Order Requirement 1 because CCSD’s response failed to identify the
amount of solids within the Surface Impoundment and the associated reduction in holding
capacity.

Regarding the requirement that the plan identify “ongoing controls and response actions the
CCSD will implement to maintain the required amount of freeboard and capacity for 1,000-year,
24-hour storm events,” the response letter identifies the temporary emergency efforts
undertaken to date. However, the response fails to definitively identify follow-up erosion
control measures to be implemented. CCSD’s response to this requirement states: “The
district is currently completing plans…” and “one option under consideration is the use of a
prefabricated corrugated polyethylene liner (SmartDitch sections), which may be easier to install
using hand labor or minimally sized mechanical equipment.”
Jerry Gruber -4- April 13, 2017

The CCSD violated 13267 Order Requirement 1 because CCSD’s response failed to
clearly identify the controls and actions that will be implemented to maintain freeboard
capacity.

Requirement 2.

[The CCSD shall provide] “A plan and associated schedule for conducting a hydrologic
evaluation and developing and implementing engineering controls to prevent offsite
stormwater flows from entering the impoundment area due to flooding.”

CCSD’s Response 2.

CCSD’s response stated:

“A hydrogeologic analysis of a 1,000-year frequency storm has been previously completed
by the CCSD's consultant, CDM Smith, which will support this effort. As described in the
last paragraph under discussion item 1.), the results for the flow entering the culvert under
San Simeon Creek Road will be conservatively assumed to enter the drainage ditching at
the north side of the pond. The slopes and cross sectional areas of the ditches will be
adjusted as liner material is installed to prevent erosion.”

Water Board Staff’s Response 2.

The CCSD violated 13267 Order Requirement 2 because it failed to submit a plan and schedule
to conduct a hydrologic evaluation. The previous CDM Smith analysis is not sufficient because
it failed to anticipate the rise of groundwater under the Surface Impoundment in a less than
1,000-year, 24-hour rain event.

Requirement 3.

[The CCSD shall provide] “A plan and associated schedule for training CCSD staff on the
requirements of WDR Order No. R3-2014-0047 and the implementation of inspections.
Inspection training should focus on how to conduct meaningful surface impoundment
inspections to identify potential issues that could undermine the surface impoundment
structural integrity, compromise the liner integrity and/or result in overflows.”

CCSD’s Response 3.

CCSD’s response stated:

“Mandatory training will be conducted with all operating staff on the Sustainable Water
Facility and Impoundment Basin Title 22 and Title 27 permits and monitoring plans
requirements…To develop a thorough understanding of the permit and reporting
requirements, CCSD staff who will be in direct contact with and/or in support of both the
Sustainable Water Facility and the lmpoundment Basin will meet periodically with the
General Manager and District Engineer to discuss and review any and all aspects of the two
permits and ask questions if additional clarification is needed…Operating staff have been
briefed on the importance of proper logging for both the Sustainable Water Facility and the
lmpoundment Basin. Since meeting with the RWQCB staff on February 1, 2017, CCSD staff
has improved their logging through training, but additional training will be ongoing. Prior to
Jerry Gruber -5- April 13, 2017

the restarting of the Sustainable Water Facility, the General Manager and the District
Engineer will be onsite to instruct CCSD staff on appropriate logging procedures.”

Water Board Staff’s Response 3.

Water Board staff encourages CCSD to train personnel not only in proper logging procedures,
but to also correlate facility observations with permit requirements, prohibitions, and triggers for
corrective actions and reporting or notification. For example, when water is found in the 4-inch
line during liner integrity testing, district personnel must recognize that this condition constitutes
a potential leak in the liner and that a permit violation may have occurred.

Requirement 4.

[The CCSD shall provide] “Copies of all surface impoundment inspection log entries from
January 1 through January 23, 2017”.

CCSD’s Response 4.

Photo copies of the requested logs were submitted as required.

Water Board Staff’s Response 4.

While the requested logs were submitted as required, CCSD personnel failed to recognize that
the logs contained evidence of a potential leak in the impoundment liner.

Requirement 5.

[The CCSD shall provide] “A plan to determine the accuracy of the current water level
markings on the surface impoundment’s north berm. The plan should include a
proposal to install measures to allow CCSD staff to accurately determine surface
impoundment freeboard independent of the liner due to issues associated with
expansion and contraction of the liner surface. The plan should involve the use of a licensed
surveyor.” (emphasis added)

CCSD’s Response 5.

CCSD’s response stated:

“The CCSD will be using a licensed surveyor to oversee the installation of a pond level
measuring system that would be independent of the liner markings…Several concepts are
under consideration, including the use of a pressure transducer, which would be placed
along the bottom of the pond using sandbags or other means, and which would not create
sharp edges that could otherwise rub or wear into the liner. This level measurement could
then be connected to the nearby evaporator control building and an associated SCADA
system. All elevation points, including the sensor head, would be determined and verified by
the licensed surveyor.”
Jerry Gruber -6- April 13, 2017

Water Board Staff’s Response 5.

The response failed to address how the District will determine the accuracy of current water
level markings.

The Gantt chart for this task appears to commit to the installation of a pressure transducer by
June 19, 2017.

As described above, Water Board staff alleges that the CCSD violated technical reporting
requirements issued by the Central Coast Water Board pursuant to Water Code section 13267
on February 9, 2017. According to Water Code section 13268, violations of section 13267
requirements subject the CCSD to the maximum potential administrative civil liability of $1,000
per day for each violation. The Water Board reserves the right to take any enforcement action
authorized by law.

III Recently Identified WDR Violations

As explained below, Water Board staff recently identified multiple violations of WDR Order No.
R3-2014-0047 and WDR Order No. R3-2014-0050.

While reviewing the log books submitted in response to Requirement 4 (above), Water Board
staff discovered that CCSD pumped water from the vadose zone monitoring system (VZMS),
which should have triggered 1) sampling of the VZMS water for parameters listed in Monitoring
and Reporting Program (MRP) Table 4 and 2) verbal notification to the Water Board within 24
hours of a potential leak in the impoundment liner, as specified in Order No. R3-2014-0047
Specification C.15.b and c.

Further investigation revealed multiple past instances when the presence of liquid in the
leachate collection and recovery system (LCRS) did not result in the recording of pH,
temperature, and electrical conductivity (EC) with field instruments. These parameters are listed
in MRP Table 3, which requires such sampling and reporting when liquid is detected in a
previously dry LCRS, or when liquid is present in the VZMS lysimeter.

The following table lists the recently discovered violations of WDR and MRP No. R3-2014-0047:

Table A

Date Violations # of Violations
Failure to analyze leachate for pH, temperature and
3/4/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
3/18/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to monitor and record temperature in MW-1,
3/24/2015 3
MW-2, and MW-3 [MRP Section F(2)b]
Failure to analyze leachate for pH, temperature and
4/1/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
4/17/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
4/27/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Jerry Gruber -7- April 13, 2017

Date Violations # of Violations
Failure to analyze leachate for pH, temperature and
5/5/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to monitor and record temperature and EC in
6/9/2015 6
MW1, MW2, and MW-3 [MRP Section F(2)b]
Failure to analyze leachate for pH, temperature and
6/23/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
8/18/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
9/8/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
10/7/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
10/20/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
11/10/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to analyze leachate for pH, temperature and
12/8/2015 3
EC [C. Specification 15(b)][MRP Section F(2)c]
Failure to record flow, analyze leachate for pH,
1/20/2016 temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
Failure to record flow, analyze leachate for pH,
3/1/2016 Temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
Failure to record flow, analyze leachate for pH,
3/15/2016 temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
Failure to record flow, analyze leachate for pH,
4/27/2016 temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
Failure to record flow, analyze leachate for pH,
6/28/2016 temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
Failure to record flow, analyze leachate for pH,
8/16/2016 temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
Failure to record flow, analyze leachate for pH,
11/8/2016 temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
Failure to record flow, analyze leachate for pH,
12/13/2016 temperature and EC [C. Specification 15(b)][MRP 4
Section F(2)c]
1/9/2017 Failure to maintain freeboard of 2 feet (+ 10.2 inches 52 as of 3/1/17
for 1,000 year 24-hr storm event containment) (and ongoing until
compliance
achieved)
Failure to sample previously dry lysimeter for all 27
1/24/2017 Table 4 VZMS constituents [MRP Section F.2.d, 27
Lysimeter Sampling]
Jerry Gruber -8- April 13, 2017

Date Violations # of Violations
Failure to sample previously dry lysimeter for three
2/7/2017 Table 4 VZMS constituents (pH, temperature, electrical 3
conductivity) [MRP Section F.2.d, Lysimeter Sampling]
3/14/17 Failure to design, construct, and operate the surface To Be
impoundment so as to ensure a minimum 5 foot Determined
separation between wastes and the highest anticipated
elevation of groundwater - required by Title 27 section
20240

At least 162 newly identified violations of WDR Order No. R3-2014-0047 are documented
above.

Additionally, pursuant to WDR Order No. R3-2014-0050 Provision V.12, and MRP Section
I.1.d.ii., the revised Operations Maintenance and Monitoring Program (OMMP) was received by
our office on February 3, 2017, a total of 385 days after the installation of a new
dechlorination system at the emergency water facility, in violation of the requirement that the
OMMP be kept current at all times.

As noted above, Water Board staff alleges that the CCSD violated requirements of WDR Order
No. R3-2014-0047 and WDR Order No. R3-2014-0050. The technical monitoring and reporting
provisions of each order were required pursuant to Water Code section 13267. According to
Water Code section 13268, violations of section 13267 requirements subject the CCSD to the
maximum potential administrative civil liability of $1,000 per day for each violation. Any
discharge of waste in violation of the WDRs subjects the CCSD to a maximum administrative
civil liability of $5,000 per day for each violation pursuant to Water Code section 13350. The
Water Board reserves the right to take any enforcement action authorized by law.

IV Proposed Formal Enforcement Actions

1. Water Board staff is preparing a cease and desist order (CDO) for the Class II Surface
Impoundment because the facility fails to meet Title 27, Chapter 3, Subchapter 2, Article
3, Section 20240 groundwater separation requirements. The recent flooding and liquids
in the VZMS lysimeter indicate serious design, construction, or operational flaws that
require remedy before the impoundment will be allowed to accept brine wastes from the
emergency water supply system again. Water Board staff intends to propose the CDO
to the Water Board at its regularly scheduled public meeting in July 2017 (or a later
meeting) and will provide the CCSD with further details in the near future.

2. Water Board staff is also preparing an administrative civil liability complaint (ACLC) for
the Water Board’s consideration at the July or September 2017 meeting, which may
include but not be limited to violations of WDR Order No. R3-2014-0050 and No. R3-
2014-0047 and Water Code section 13267 orders issued to the CCSD. Similarly, Water
Board staff will provide the CCSD with further details in the near future.
Jerry Gruber -9- April 13, 2017

Please contact Jon Rokke at (805) 549-3892 or jon.rokke@waterboards.ca.gov, or Chris Adair
at (805) 549-3761 or Chris.Adair@waterboards.ca.gov with any questions you may have
concerning this matter.

Sincerely,

Digitally signed by Michael Thomas
Date: 2017.04.13 14:06:08 -07'00'
Michael J. Thomas
Assistant Executive Officer

cc: Cambria CSD
Board of Directors
c/o Monique Madrid (Clerk to the Board)
mmadrid@cambriacsd.org

Bob Gresens
Cambria Community Services District
bgresens@cambriacsd.org

Todd Tognazzini
CA Department of Fish and Wildlife
Todd.tognazzini@wildlife.ca.gov

Melissa Boggs
CA Department of Fish and Wildlife
Melissa.boggs@wildlife.ca.gov

Lena Chang
U.S. Fish and Wildlife Services
Lena_chang@fws.gov

Doug Barker
CA State Parks
Doug.Barker@parks.ca.gov

Tom Luster
CA Coastal Commission
Tom.Luster@coastal.ca.gov

Airlin Singewald
San Luis Obispo County
Planning Department
asingewald@co.ca.us

Water Board Staff:
Kurt Souza, Kurt.Souza@waterboards.ca.gov
Jeff Densmore, Jeff.Densmore@waterboards.ca.gov
Paul Ciccarelli, Paul.Ciccarelli@waterboards.ca.gov
Harvey Packard, Harvey.Packard@waterboards.ca.gov
Jerry Gruber - 10 - April 13, 2017

Chris Adair, Chris.Adair@waterboards.ca.gov
Matthew Keeling, Matt.Kelling@waterboards.ca.gov
Thea Tryon, Thea.Tryon@waterboards.ca.gov
Todd Stanley, Todd.Stanley@waterboards.ca.gov
Ryan Lodge, Ryan.Lodge@waterboards.ca.gov
Jon Rokke, Jon.Rokke@waterboards.ca.gov
ECM # 809684 (for R3-2014-0050)
GT# T10000006221 (for R3-2014-0047)

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Project\Enforcement\Combined NOVs\Responses to combined NOVs\Reply to CCSD Responses_tt pdc_jr.doc