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Water Boards
State Water Resources Control Board Division of Drinking Water
March 10, 2017
System No. 3610702
Mark Ulibarri Water Program Manager USMC Yermo Annex Box 110570 Environmental Division (bldg 196) Barstow, Ca 92311-5050 [email protected]
CITATION NO. 05-13-17C-007
N~ MATTHEW R ODRIQUEZ l~~ SECRETARY FOR ~ ENVIRONMENTAL PROTECTION
USMC YERMO ANNEX (3610702)- FAILURE TO COLLECT LEAD AND COPPER SAMPLING FOR 2014 SAMPLING
Enclosed is a Citation issued to USMC Yermo Annex (hereinafter "USMC") public water system.
USMC failed to comply with the Lead and Copper Rule monitoring requirements per Title 22, California Code of Regulations (CCR), Section 64675.5. Specifically, USMC did not collect any samples in the three-year round of lead and copper tap sampling due by September 30, 2014. USMC did collect lead and copper samples in 2015 by September 30, 2015, and the next due is by September 30, 2018. USMC is now in compliance with lead and copper monitoring requirements.
If you have any questions regarding this matter, please contact Amanda Chapman of my staff at 909-383-4320 or me at 909-383-4328.
Sincerely,
~ ~ ,·-4;? Eric J. Zuniga, ~ - // District Engineer San Bernardino District Southern California Field Operations Branch
Enclosures
Certified Mail No. 7006 2150 0004 8157
cc: Diana Almond, San Bernardino County Environmental Health Services, via email at [email protected]
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Citation No. 05-13-17C-007
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF DRINKING WATER
7 Name of Public Water System: USMC Yermo Annex
8 Water System No: 3610702
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10 Attention: Mark Ulibarri, Water Program Manager
11 Box 110570
12 Environmental Division (Bldg 196)
13 Barstow, Ca 92311-5050
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15 Issued: March 1 O, 2017
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17 CITATION FOR VIOLATION OF CALIFORNIA CODE OF REGULATIONS,
18 TITLE 22, SECTION 64675.5-WATER SYSTEM NO. 3610702
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20 The California Health and Safety Code (hereinafter "CHSC"), Section 116650
21 authorizes the State Water Resources Control Board (hereinafter "State Board") to
22 issue a citation to a public water system when the State Board determines that the
23 public water system has violated or is violating the California Safe Drinking Water
24 Act (hereinafter "California SOWA"), (CHSC, Division 104, Part 12, Chapter 4,
25 commencing with Section 116270), or any regulation, standard, permit, or order
26 issued or adopted thereunder.
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Citation No. 05-13-17C-007
The State Board, acting by and through its Division of Drinking Water (hereinafter
2 "Division") and the Deputy Director for the Division, hereby issues a citation to
3 USMC Yermo Annex (USMC) for violation of the following requirement: 4
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1. Failure to comply with Lead and Copper Rule monitoring requirements per
Title 22, California Code of Regulations (CCR), Section 64675.5.
Specifically, the USMC did not collect any samples in the three-year round
of lead and copper tap sampling due by September 30, 2014.
10 STATEMENT OF FACTS
I 1 USMC is classified as a nontransient-noncommunity water system with a
12 population of 1200, serving 52 active connections. USMC did not collect lead and
13 copper sampling in the 2012 to 2014 monitoring period. USMC did subsequently
14 collect 10 lead and 1 O copper samples in 2015, with the ninetieth percentile for lead
15 as 0.0096 mg/L and copper as 0.564 mg/L. The next round of lead and copper
16 sampling is due by September 30, 2018.
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18 DETERMINATION
19 CCR, Title 22, Section 64675.5, Tap Sampling Frequency, states that a public
20 water system shall conduct tap sampling once every three years.
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22 USMC did not sample for lead and copper in the 2012 to 2014 monitoring period.
23 Therefore, the Division has determined that USMC violated CCR, Title 22, Section
24 64675.5 in 2014.
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Citation No. 05-13-17C-007
2 DIRECTIVES
3 USMC is hereby directed to take the following actions:
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1. Comply with CCR, Title 22, Section 64675.5, in all future monitoring
periods.
2. By March 1, 2018, notify all persons served by USMC of the violation of
Section 64675.5, in conformance with CCR, Title 22, Section 64463.7. The
Notification Template in Appendix I shall be used to fulfill this directive,
unless otherwise approved by the Division. USMC shall notify the
consumers served by the water system through Tier 3 Public Notification of
the lead and copper monitoring violation pursuant to Title 22, CCR, Section
64463.7(d). The notification shall be provided in accordance with the
following:
a. Given by July 1, 2017 in the annual consumer confidence report.
b. Posted in conspicuous public places served by the water system.
c. The content of the notice including the mandatory language shall be
approved by the Division prior to issuance.
d. Within 10 days following the issuance, submit a copy of the
notification including certification of its publication, to the Division
(Attachment No. 1 ).
3. Complete Appendix 2: Compliance Certification Form. Submit it together
with a copy of the public notification to the Division on or before October
10, 2017.
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Citation No. 05-13-17C-007
4. USMC shall continue three-year monitoring from ten (10) locations. USMC
2 completed 2015 lead and copper sampling and is in compliance with
3 CCR, Tit le 22, Section 64675.5. Next samples are due by September 30,
4 2018. 5
6 All submittals required by this Citation shall be submitted to the Division at the
7 following address:
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Eric J. Zuniga, P.E.
12 The State Board reserves the right to make such modifications to this Citation as it
13 may deem necessary to protect public health and safety. Such modifications may
14 be issued as amendments to this Citation and shall be effective upon issuance.
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16 Nothing in this Citation relieves USMC of its obligation to meet the requirements of
17 the California SOWA (CHSC, Division 104, Part 12, Chapter 4, commencing with
18 Section 116270), or any regulation, standard, permit or order issued or adopted
19 thereunder.
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21 PARTIES BOUND
22 This Citation shall apply to and be binding upon USMC, its owners, shareholders,
23 officers, directors, agents, employees, contractors, successors, and assignees.
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25 SEVERABILITY
26 The directives of this Citation are severable, and USMC shall comply with each and
27 every provision thereof notwithstanding the effectiveness of any provision.
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Citation No. 05-13-17C-007
1 FURTHER ENFORCEMENT ACTION
2 The California SOWA authorizes the State Board to : issue a citation with
3 assessment of administrative penalties to a public water system for violation or
4 continued violation of the requirements of the California SOWA or any regu lation,
5 permit, standard, citation, or order issued or adopted thereunder including, but not
6 limited to , failure to correct a violation identified in a citation or compliance order.
7 The California SOWA also authorizes the State Board to take action to suspend or
8 revoke a permit that has been issued to a public water system if the public water
9 system has violated applicable law or regulations or has failed to comply with an
10 order of the State Board, and to petition the superior court to take various
11 enforcement measures against a public water system that has fa iled to comply with
12 an order of the State Board. The State Board does not waive any further
13 enforcement action by issuance of this Citation.
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Eric J . Zuniga
17 District Engineer
18 San Bernardino District
ppendices (2):
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Notification Template
Compliance Certification Form
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Date
APPENDIX 1. NOTIFICATION TEMPLATE
IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER Este informe contiene informaci6n muy importante sabre su agua potable.
Traduzcalo o hable con alguien que lo entienda bien.
Monitoring Requirements Not Met for USMC Yermo Annex
Our water system failed to monitor as requ ired for drinking water standards during the past year and, therefore, was in violation of the regulations. Even though this fa ilure was not an emergency, as our customers, you have a right to know what you should do, what happened, and what we did to correct this situation.
We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not our drinking water meets health standards. During [compliance period dates], we fdid not monitor or test' or 'did not complete all monitoring or testing1 for [contaminant(s)] and therefore, cannot be sure of the quality of our drinking water during that time.
What should I do?
• There is nothing you need to do at th is time.
• The table below lists the contaminant(s) we did not properly test for during the last year, how many samples we are requ ired to take and how often, how many samples we took, when samples should have been taken, and the date on which follow-up samples were (or will be) taken.
Required Number of When All Samples When Samples
Contaminant Sampling Samples Should Have Been Were or Will Be Frequency Taken Taken Taken [number] sample every {number][time interval]
• If you have health issues concerning the consumption of this water, you may wish to consult your doctor.
What happened? What is being done?
[Describe corrective action).
Citation No. 05-13-17C-007
For more information, please contact [name of contact] at [phone number] or [mailing address].
Please share this information with all the other people who drink this water, especially those
who may not have received this notice directly (for example, people in apartments, nursing
homes, schools, and businesses). You can do this by posting this public notice in a public place
or distributing copies by hand or mail.
Secondary Notification Requirements
Upon receipt of notification from a person operating a public water system, the following
notification must be given within 10 days [Health and Safety Code Section 116450(g)J:
• SCHOOLS: Must notify school employees, students, and parents (if the students are minors).
• RESIDENT/AL RENTAL PROPERTY OWNERS OR MANAGERS (including nursing homes and care facilities): Must notify tenants.
• BUSINESS PROPERTY OWNERS, MANAGERS, OR OPERA TORS: Must notify employees of businesses located on the property.
This notice is being sent to you by USMC Yermo Annex.
State Water System ID#: 3610702. Date distributed: ____ _
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Drinking Water Notification to Consumers
PROOF OF NOTIFICATION
Name of Water System:
Please explain what caused the problem if you have determined what it was and what steps you have taken to correct it. ____________________ _
Consumers Notified Yes No ----- -----
If not, Explain: __________________________ _
Date of Notification: _________ _
On the date of notification set forth above, I served the above referenced document(s) on the consumers by:
Sending a copy through the U.S. Mail , first class, postage prepaid, addressed to each of the resident(s) at the place where the property is situated , pursuant to the California Civil Code. Attach copy of Notice.
Newspaper (if the problem has been corrected). Attach a copy of Notice.
Personally hand-delivering a copy to each of the consumers. Attach a copy of Notice.
Posted on a public bulletin board, that will be seen by each of the consumers (for small, non-community water systems with prior Division approval). Attach copy of Notice.
I hereby declare the forgoing to be true and correct under penalty of perjury.
Dated: ----------Signature of Person Serving Notice
**Notice: Complete this Proof of Notification and return it along with a copy of the notification to the Division within 10 days of receipt of giving public notice.
Disclosure: Be advised that the California Health and Safety Code states that any person who knowingly makes a false statement on any report or document submitted for the purpose of compliance with the attached order may be liable for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation for each day that violation continues. In addition, the violators may be prosecuted in criminal court and upon conviction, be punished by fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or be imprisoned in county jail not to exceed one year or by both the fine and imprisonment.