April 16, 2020

Sent by Email Only

Douglas R. Bauder
Vice President Decommissioning In reply refer to / attn:
Southern California Edison 257702:KYaeger
5000 Pacific Coast Highway
San Clemente, CA 92674
Doug.Bauder@sce.com

Subject: Notice of Violation No. R9-2020-0123 and Investigative Order No. R9-
2020-0124 for the March 25, 2020 Reported Unauthorized Discharge
of Partially Treated Domestic Wastewater to the Pacific Ocean
Mr. Metz:
The California Regional Water Quality Control Board, San Diego Region (San Diego
Water Board) is issuing Notice of Violation (NOV) No. R9-2020-0123 set forth below to
Southern California Edison (SCE or Discharger) for alleged violations of Order No. R9-
2015-0073, NPDES No. CA0109282, Waste Discharge Requirements for Southern
California Edison Company, San Onofre Nuclear Generating Station, San Diego County
Discharge to the Pacific Ocean (Order), Section 301 of the Clean Water Act (33 U.S.C.
§ 1311) and Section 13376 of the California Water Code. The alleged violations pertain
to the reported unauthorized discharge of partially treated domestic wastewater to the
Pacific Ocean, a water of the United States and/or State, on March 25, 2020. The San
Diego Water Board is also issuing Investigative Order No. R9-2020-0124 set forth below
directing SCE to submit additional technical information addressing the incident,
pursuant to the requirements of sections 13267 and 13383 of the California Water Code
(Water Code).
Notice of Violation Order No. R9-2020-0123
On March 25, 2020, SCE reported that San Onofre Nuclear Generating Station
(SONGS) Sewage Treatment Plant (STP) released between 6,000 to 7,000 gallons of
partially treated domestic wastewater into and through the SONGS Unit 2 ocean outfall
(Unit 2 Outfall) to the Pacific Ocean. The Unit 2 Outfall extends 8,350 feet offshore into
the Pacific Ocean. The Unit 2 Outfall is equipped with a 2,462 feet long diffuser pipe
that starts at 5,888 feet offshore and extends to 8,350 feet offshore to a depth of
approximately 49 feet.1 SCE’s initial report indicated that prior to the release to the Unit
2 Outfall conduit, the partially treated domestic wastewater was diluted with seawater at
the minimum 10:1 ratio, as required by the Order. SCE’s initial report also indicated that

1
Order No. R9-2015-0073, NPDES No. CA0109282, Attachment F, Fact Sheet, Section II.B at
Page F-10.

HENRY ABARBANEL, PHD, C HAIR DAVID GIBSON, EXECUTIVE OFFICER

2375 Northside Drive, Suite 100, San Diego, California 92108-2700 www.waterboards.ca.gov

RECYCLED PAPER
Doug Bauder -2- April 16, 2020
Southern California Edison

the release may have been due to an influx of approximately 20,000 gallons of unknown
influent after work hours on March 24, 2020. SCE did not collect water quality samples
at the time of the discharge. In a follow-up letter dated March 30, 2020, SCE alleged
that the discharge resulted from an upset condition at the STP as defined in 40 CFR
122.41(n)(1).2 SCE also provided in the March 30 letter a written summary of the event
and the steps taken and planned to reduce eliminate and prevent reoccurrence of the
noncompliance.
Alleged Violations
1. Section 301 of the Federal Clean Water Act (33 U.S.C. § 1311) and Water
Code section 13376
Observation: Clean Water Act section 301 and Water Code section 13376
prohibit the discharge of pollutants to surface waters except in compliance with a
National Pollutant Discharge Elimination System (NPDES) permit. The discharge
of between 6,000 to 7,000 gallons of partially treated domestic wastewater from
the STP to the Pacific Ocean was not authorized by the Order or any other
NPDES permit.
2. Section III.A. of Order No. R9-2015-0073, Discharge Prohibitions
Observation: Section III.A. of the Order prohibits the discharge of wastes in a
manner or to a location that has not been specifically described in the Order. The
discharge of between 6,000 to 7,000 gallons of partially treated domestic
wastewater from the STP to the Pacific Ocean was not in a manner authorized
by the Order. The Order only authorizes the discharge of treated domestic
wastewater from the STP to the Pacific Ocean.
3. Section III.G. of Order No. R9-2015-0073, Discharge Prohibitions
Observation: Section III.G. of the Order prohibits the discharge of wastewater in
violation of Water Quality Control Plan for the San Diego Basin (Basin Plan)
prohibitions listed in Attachment G of Order No. R9-2015-0073.
a. Attachment G, Basin Plan Prohibition II.a.
Observation: Prohibition II.a. of the Basin Plan prohibits the discharge of
waste to waters of the State in a manner causing, or threatening to cause a
condition of pollution, contamination, or nuisance. The discharge of partially

2
Order No. R9-2015-0073, NPDES No. CA0109282, Attachment D, Standard Provision I.H,
Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with technology-based permit effluent limitations because of factors beyond the
reasonable control of the Discharger. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
Doug Bauder -3- April 16, 2020
Southern California Edison

treated and untreated domestic wastewater pollutes surface waters, threatens

public health, adversely affects aquatic life, and impairs the recreational use
and aesthetic enjoyment of surface waters. SCE caused or permitted the
discharge of between 6,000 to 7,000 gallons of partially treated domestic
wastewater on March 25, 2020 to the Pacific Ocean where it created or
threatened to create a condition of pollution or nuisance in coastal waters of
the United States and/or State. The discharge poses a threat to the beneficial
uses of the Pacific Ocean, including habitat and ecosystem related beneficial
uses and water related recreational beneficial uses
b. Attachment G, Basin Plan Prohibition II.i.
Observation: Prohibition II.i. of the Basin Plan prohibits the unauthorized
discharge of treated or untreated sewage to waters of the State or to a storm
water conveyance system. The discharge of approximately 6,000 to 7,000
gallons of partially treated domestic wastewater from the STP on March 25,
2020 was not authorized by the Order.
Summary of Potential Enforcement Actions
The alleged violations may potentially subject the Discharger to additional enforcement
by the San Diego Water Board or the State Water Resources Control Board, including
an administrative civil liability assessment of up to $10,000 per day of violation and $10
per gallon for each gallon discharged but not cleaned up (Water Code section 13385)
as well as any of the following enforcement actions:
Other Potential Enforcement Action
Applicable Water Code Section(s)
Options
Technical or Investigative Order Sections 13267 and 13383
Cleanup and Abatement Order Section 13304
Cease and Desist Order Sections 13301-13303
Time Schedule Order Sections 13000 and 13308
In addition, the San Diego Water Board may consider revising or rescinding applicable
waste discharge requirements, referring the matter to other resource agencies, referring
the matter to the State Attorney General for injunctive relief, and referral to the
municipal or District Attorney for criminal prosecution.
Investigative Order No. R9-2020-0124
Under the authority of Water Code sections 13267 and 13383, the San Diego
Water Board is issuing Investigative Order No. R9-2020-0124 (Investigative Order)
and hereby directs SCE to submit complete information responding to the
informational requests set forth below about the March 25, 2020 wastewater
release no later than 5:00 pm on June 15, 2020:
1. Provide a complete explanation of the source and cause of the influx of
approximately 20,000 gallons of influent that may have been a contributing
factor leading to the discharge of partially treated wastewater from the STP.
2. Provide the methodology, standardized templates, tables, or pictures used to
provide the estimated discharge volume.
Doug Bauder -4- April 16, 2020
Southern California Edison

3. Provide an assessment addressing whether the incident was caused by

inadequate staffing levels, operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
4. Provide details on the level of treatment provided to the wastewater flow during
the incident, including whether the wastewater stream was diverted to bypass
any portion of the treatment facility during the incident.
5. Provide an assessment on whether there were existing feasible alternatives to
the partially treated domestic wastewater discharge, such as the use of auxiliary
treatment facilities, or retention of untreated wastewater
6. Provide an assessment of the impact of the partially treated wastewater release
on the ocean waters that received the discharge. Include the basis for the
analysis and supporting calculations.
7. Provide the schedule and status for implementing the corrective actions noted in
the San Onofre Nuclear Generating Station Sewage Treatment Upset Report
submitted by SCE in the letter dated March 30, 2020, and for implementing any
additional corrective actions not otherwise noted.
All information provided in response to this Investigative Order must include the
following signed certification statement:
“I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
This requested information is essential to evaluate the impacts of the partially treated
domestic wastewater discharge to waters of the United States and/or State and the
beneficial uses thereof, and the steps taken or planned to reduce eliminate and
prevent reoccurrence of the noncompliance. Therefore, the burden of preparing the
requested report bears a reasonable relationship to the need for the report and the
benefit to be obtained from the report.
Please submit this report in electronic format to the San Diego Water Board by e-mail
to SanDiego@waterboards.ca.gov with “257702:KYaeger” included in the subject
heading. Each electronic document must be submitted as a single file, in Portable
Document Format (PDF), and converted to text searchable format using Optical
Character Recognition (OCR). All electronic documents must include scanned copies
of all signature pages; electronic signatures will not be accepted.
Doug Bauder -5- April 16, 2020
Southern California Edison

Notifications
1. Enforcement Discretion: The San Diego Water Board reserves its right to take
any enforcement action authorized by law for violations of the terms and
conditions of this Order.
2. Enforcement Notification: Water Code section 13268 (a)(1) provides that any
person failing or refusing to furnish technical or monitoring report information as
required by Water Code section 13267(b), or falsifying any information provided
therein, is guilty of a misdemeanor and may be liable civilly for an administered
imposed liability of up to $1,000 per day for each day the violation occurs.
Water Code section 13385 provides that any person failing or refusing to furnish
technical or monitoring report information required pursuant to Water Code
section 13383 may be liable civilly for an administered imposed liability in an
amount not to exceed the sum of the of both of the following:
a. Ten thousand ($10,000) per day for each day the violation occurs.
b. Where there is a discharge, any portion of which is not susceptible to cleanup
or is not cleaned up, and the volume discharged but not cleaned up exceeds
1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied
by the number of gallons by which the volume discharged but not cleaned up
exceeds 1,000 gallons.
3. Requesting Administrative Review by the State Water Board: Any person
affected by this Investigative Order of the San Diego Water Board may petition
the State Water Board to review the action in accordance with section 13320 of
the Water Code and CCR Title 23 section 2050. The petition must be received by
the SWRCB (Office of Chief Counsel, P.O. Box 100, Sacramento, California
95812) within 30 days of the date of this Order. Copies of the law and regulations
applicable to filing petitions will be provided upon request. For instructions on
how to file a petition for review, see:
http://www.waterboards.ca.gov/public_notices/petitions/water_quality/wqpetition_
instr.shtml
In the subject line of any response, please include the following: 257702:KYaeger. If
you have any questions regarding this notice, please contact Keith Yaeger by phone at
(619) 521-5899, or by email at Keith.Yaeger@waterboards.ca.gov.
Respectfully,

Brandi Outwin-
David Barker
Digitally signed by Brandi Digitally signed by David Barker
Outwin-Beals
Date: 2020.04.16 09:55:27 -07'00'
Beals Date: 2020.04.16 09:35:23 -07'00'

Brandi N. Outwin-Beals, P.E. David T. Barker, P.E.

Senior Water Resource Control Engineer Supervising Water Resource Control Engineer
Source Control Regulation Unit Surface Water Protection Branch
Doug Bauder -6- April 16, 2020
Southern California Edison

cc by email:
Chiara Clemente, San Diego Water Board, chiara.clemente@waterboards.ca.gov
Ben Neill, San Diego Water Board, Ben.Neill@waterboards.ca.gov
Cynthia Herzog, California State Lands Commission, cynthia.herzog@slc.ca.gov
Brian Metz, Southern California Edison, Brian.Metz@SCE.com

Tech Staff Info & Use

Order Nos. R9-2015-0073 (Order), R9-2020-0123
(NOV), R9-2020-0124 (IO)
Party IDs 41643 (Southern California Edison)
WDID 9 000002842
Reg. Measure IDs 402344 (Order), 437650 (IO),
437649(NOV)
PIN 257702