Law Office of Jack Silver
708 Gravenstein Hwy North, Suite 407 Sebastopol, CA 95472-2808 save our wetlands
Phone 707-528-8175 Email [email protected]
RECEIVED
Via Certified Mail - Office of the City Clerk
Return Receipt Requested JUN 1 6 2025
CITY OF FORTUNA
June 6, 2025
Ms. Amy Nilsen - City Manager Mr. Bob Natt - Interim Director of Public Works Members of the City Council Head of Agency
City of Fortuna City of Fortuna
62111" St. 180 Dinsmore Dr.
P.O. Box 545 P.O. Box 545
Fortuna, CA 95540-0545 Fortuna, CA 95540-0545
Re: Notice of Violations and Intent to File Suit Under the Clean Water Act Dear Ms. Nilsen, Mr. Natt, Members of the City Council and Head of Agency:
STATUTORY NOTICE
This Notice Letter ("Notice") is provided on behalf of California River Watch ("River Watch") with regard to violations of the Clean Water Act ("CWA" or "Act"), 33 U.S.C. § 1251 et seq., that River Watch alleges are occurring through the ownership and operation of the City of Fortuna Municipal Wastewater Treatment Plant ("Facility") and associated wastewater collection system.
River Watch hereby places the City of Fortuna ("City"), as owner and operator of the Facility and associated wastewater collection system, on notice that following the expiration of sixty (60) days from the date of this Notice, River Watch will be entitled under CWA § 505(a), 33 U.S.C. § 1365(a), to bring suit in the U.S. District Court against the City for continuing violations of an effluent standard or limitation pursuant to C'WA § 301(a), 33 U.S.C. § 1311(a), and the North Coast Regional Water Quality Control Board ("RWQCB") Water Quality Control Plan ("Basin Plan"), as the result of violations of the City's National Pollution Discharge Elimination System ('NPDES") Permit.'
' River Watch notes the violations identified in this Notice are not addressed in either the March 15, 2022 "Digitally signed" Settlement Agreement and Stipulation for Entry of Administrative Liability Order, or the October 30, 2024 "Digitally signed" Amended Administrative Civil Liability Complaint No.
R1-2023-0033A in the Matter of Tom Cooke Memorial Wastewater Treatment Plant, Fortuna Municipal Wastewater Treatment Facility, Humboldt County.
Notice of Violations Under CWA - Pg. 1
The CWA regulates the discharge of pollutants into navigable waters. The statute is structured in such a way that all discharges of pollutants are prohibited with the exception of enumerated statutory provisions. One such exception authorizes the City, which has been issued a permit pursuant to CWA § 402, 33 U.S.C. § 1342, to discharge designated pollutants at certain levels subject to certain conditions. The effluent discharge standards or limitations specified in a NPDES permit define the scope of the authorized exception to the CWA § 301(a), 33 U.S.C. S 1311(a) prohibition such that violation of a permit limit places a discharger in violation of the CWA. River Watch alleges the City is in violation of the CWA by violating the terms of its NPDES Permit.
The CWA provides that authority to administer the NPDES permitting system in any given state or region can be delegated by the Environmental Protection Agency ("EPA") to a state or to a regional regulatory agency provided that the applicable state or regional regulatory scheme under which the local agency operates satisfies certain criteria (see 33 U.S.C. § 1342(b)). In California, the EPA has granted authorization to a state regulatory apparatus comprised of the State Water Resources Control Board ("SWRCB") and several subsidiary regional water quality control boards to issue NDES permits. The entity responsible for issuing NPDES permits and otherwise regulating the City's operations in the region at issue in this Notice is the RWQCB.
While delegating authority to administer the NDES permitting system, the CWA provides that enforcement of the statute's permitting requirements relating to effluent standards or limitations imposed by the Regional Boards can be ensured by private parties acting under the citizen suit provision of the statute (see CWA § 505, 33 U.S.C. § 1365). River Watch is exercising such citizen enforcement to enforce the City's compliance with the CWA.
NOTICE REQUIREMENTS
The City's NPDES Permit requires that it comply with the RWQCB Basin Plan which provides that collection, treatment, storage, and disposal systems shall be operated in a manner that precludes endangerment to the public or the environment from contact with wastewater.
In accordance with 40 C.F.R. § 122.41(e), the City's NPDES Permit contains the following standard condition:
"The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the Permittee to achieve compliance with the conditions of this [Permit]. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems that are installed by a Permittee only when necessary to achieve compliance with the conditions of this [Permit] (40 C.F.R. § 122.41(e).). " NPDES Permit Attachment D (Standard Provisions), Section I (Standard Provisions - Permit Compliance), Subsection D (Proper Operation and Maintenance).
All dischargers are required to operate and maintain wastewater collection, treatment, and disposal facilities in a manner to ensure that all facilities are adequately staffed, supervised, financed, operated, maintained, repaired, and upgraded as necessary, in order to provide adequate Notice of Violations Under CWA - Pg. 2
and reliable transport, treatment, and disposal of all wastewater from both existing and planned future wastewater sources under the discharger's service responsibilities.
Based on a review of the City's information and reports, the City has failed to properly operate and maintain the Facility and associated collection system to achieve compliance with the terms of its NDES Permit. Specifically, the City has failed to adequately assess the condition of, and undertake timely repair or replacement of, certain force mains, gravity sewer pipes, pump stations, outfalls, and transport and storage structures, despite awareness that the infrastructure is leaking, past its useful life, or otherwise requires replacement or repairs.
The CWA requires that any Notice regarding an alleged violation of an effluent standard or limitation, or of an order with respect thereto, shall include sufficient information to permit the recipient to identify the following:
1. Standard, Limitation, or Order Alleged to Have Been Violated The order which is the subject of this Notice is NDES No. CA0022730, "Waste Discharge Requirements for the City of Fortuna, Municipal Wastewater Treatment Plant, Humboldt County" ("NPDES Permit"). River Watch has identified specific violations of the NPDES Permit including violations of receiving water limitations, effluent limitations, and raw sewage discharges, in addition to failure by the City to either comply with or provide evidence that it has complied with all the terms of the NPDES Permit.
2. Activity Alleged to Constitute a Violation
River Watch contends the City has violated the Act as described in this Notice, and contends these violations are continuing or have a likelihood of occurring in the future.
A. Violations of Effluent Limitations and Discharge Prohibitions The City's NPDES Permit prohibits it from causing a violation of any applicable water quality standard for waters of the United States adopted by the RWQCB or the EPA as required by the CWA and applicable regulations. A water quality standard consists of a beneficial use designation for a water body and an associated water quality objective to protect that use designation. 33 U.S.C. § 1313(c); 40 C.F.R. § 131. Water quality objectives can be numeric, such as a limit or level of constituents or pollutants, or narrative, such as a condition that a water body must meet.
At all times relevant to this Notice, the RWQCB and EPA have adopted water quality standards for the waters of the United States into which sanitary sewer overflows ("SSOs") or effluent are discharged. The RWQCB sets forth its standards in its Basin Plan, and the EPA sets forth its standards in the California Toxics Rule ("CTR") 40 C.F.R. § 131.38. River Watch has identified both SSOs and effluent violations of the City's NPDES Permit and the Basin Plan. Each exceedance of a water quality objective is a separate violation of the CWA.
River Watch's review of the City's Self-Monitoring Reports identifies violations of effluent limitations imposed under NPDES Permit Section 4 (Table 4. Final Effluent Limitations):
Notice of Violations Under CWA - Pg. 3
pH Daily Minimum, Nitrate, Total (as N), Settleable Solids, Dichlorobromomethane, Annual SMR, (MONNDES), Total Coliform, Ammonia Total (as N), and Chlorine. River Watch further observes that the City fails to include its effluent compliance in its reporting to the California Integrated Water Quality System ("CIWQS"). A full listing of the violations is provided with this Notice (Attachment A).
In addition to the above, River Watch notes that from May 15 to September 30, treated effluent is discharged from the Facility through Discharge Point 003 into two (2) parallel percolation ponds adjacent to the Eel River. Historically, Discharge Point 003 was considered a discharge to land. RWQCB staff has found that the percolation ponds are below the mean highwater mark of the Eel River and that water has been seen surfacing from groundwater into the percolation ponds. For these reasons, the percolation ponds are considered hydrologically connected to the Eel River and are subject to Final Effluent Limitations in the NPDES Permit (see Section IV.A.1.) and violate Section III.I which provides that "The discharge of waste to the Eel River and its tributaries is prohibited during the period from May 15 through September 30 of each year."
B. Violations of Receiving Water Limitations and Impacts to Beneficial Uses Compliance with the Receiving Water Limitations specified in NDES Permit Section V is essential to ensuring no prohibited pollution unreasonably affects the beneficial uses of the Eel River and its tributaries. In order to protect these beneficial uses, the City is required by its NPDES Permit to ensure that discharges shall not cause the listed limitations to be exceeded. River Watch finds insufficient information in the public record demonstrating the City has monitored for and complied with these receiving water standards.
C. SSOs, Inadequate Reporting of Discharges, Failure to Warn, Failure to Mitigate Impacts, Wastewater Collection System Subsurface Discharges, Failure to Maintain Adequate Contingency Plan and Spill Prevention Plan
River Watch is understandably concerned as to the effects of both surface and underground SSOs on critical habitat in and around the diverse and sensitive ecosystem of the Facility. The NPDES Permit lists the "Basin Plan Beneficial Uses" (Attachment F - Fact Sheet, Table F-4), of the Lower Eel River within the Ferndale Hydrologic Subarea of the Lower Eel River Hydrologic Area - a water of the United States. The NPDES Permit allows the direct discharge of fully treated effluent to Strongs Creek a tributary of the Eel River from October 1 through May 14 of each year.
The discharge of waste to the Eel River and its tributaries is prohibited during the period May 15 through September 30 of each year.
1. SSOs
SSOs, in which untreated sewage is discharged above ground from the wastewater collection system prior to reaching the Facility, are alleged to have occurred both on the dates identified in the CIWQS Interactive Public SSO Reports and on the dates when no reports were submitted to CIWQS by the City, all in violation of the CWA.
Notice of Violations Under CWA - Pg. 4
Numerous causes for SOs include storm water inflow and/or groundwater infiltration (I/1), defects in sewer lines, root intrusion, and blockages due to grease and rags. Currently, the City's wastewater collection system has insufficient capacity to handle peak wet weather flows.
During heavy storms. the system becomes surcharged and untreated sewage overflows at variou:
ocations eventually draining to the Eel River. These SSOs impact the water quality and beneficia uses of these waters of the United States. Possible adverse effects on water quality and beneficial uses as a result of SOs include:
• Adverse impacts to fish and aquatic biota caused by bio-solids deposition, oil and grease, and toxic pollutants common in sewage (such as heavy metals, pesticides, personal care products, and pharmaceuticals).
• Creation of a localized toxic environment in the water column as the result of the discharge of oxygen-demanding pollutants that lower dissolved oxygen, and elevated ammonia concentration which is a fish toxicant.
• Impairment of water contact recreation and non-contact water recreation and harm to fish and wildlife as a result of elevated bacteria levels including pathogens.
A review of the City's CIWQS Spill Public Report - Summary Page (Attachment B) identifies 46 SSOs, resulting in 759,595 gallons of raw sewage discharged into the environment.
Of this total volume, the City acknowledges at least 277,778 gallons, or 36% of the total, reached a surface water. River Watch observes that the City's CIWQS reporting may be inaccurate in that the City reports that 367,460 gallons were recovered with 277,778 gallons having discharged to surface waters - 84% of the total volume spilled. That appears to leave 114,337 gallons of raw sewage unaccounted for which can be assumed to have discharged to surface waters. As such, a review of the City's records would indicate an even greater percentage of SOs reached a drainage to a surface water or a surface water itself, posing both a nuisance pursuant to Calif. Water Code § 13050(m), and an imminent and substantial endangerment to public health and the environment.
The City's CIWQS SSO Spill Public Report - Spill Event ID(s) Page (Attachment C) specifically details the Category 1 SSOs reported in the past five (5) years having reached a surface water of the United States.
2. Inadequate Reporting of Discharges
The City's NPDES Permit requires full and complete reporting of SSOs as essential to gauging their impact on public health and the environment. The City's SSO Reports, which should reveal critical details about each of these SSOs, lack responses to specific questions that would identify the causes and the potential repairs ensuring these violations would not recur. In addition, River Watch's expert believes many of the SSOs reported by the City as partially reaching a surface water did so in greater volume than stated. River Watch's expert also believes that a careful reading of the time when the City received notification of an SSO, the time of its response, and the time at which the SSO ended, too often appear as unlikely estimations.
Notice of Violations Under CWA - Pg. 5
River Watch members have witnessed several sections of the City's wastewater collection system inundated by flooding in which diffusion causing SOs occurred. The City, however, has not reported these SSOs in its CIWQS reports.
3. Failure to Warn
The City is required by its NDES Permit to inform and notify the public of all relevant times when and where SOs or effluent exceedances occur, particularly when the public could come into contact with sewage or poorly treated effluent. Compliance with public notification requirements is essential to alerting the public as to the risks present in water contact areas while people are recreating, and to prevent individuals from coming into contact with untreated sewage which poses a risk of gastrointestinal illness, respiratory illness, and eye, ear, skin, and wound infections.
Specifically, the City is required, and has been required at all times relevant to this Notice, to post warning signs at public locations where water contact recreation occurs whenever an SSO takes place that could affect recreational users at those locations. Based on the analysis of the City's reporting, River Watch contends the City is understating the significance of the impacts of its SSOs by failing to uniformly post visible health warning signs for discharges reaching a surface water.
4. Failure to Mitigate Impacts
NDES Permit Attachment D (Standard Provisions), Section 1 (Standard Provisions - Permit Compliance), Subsection 1.C (Duty to Mitigate) states: "The Permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this Order that has a reasonable likelihood of adversely affecting human health or the environment. (40 C.F.R. § 122.41 (d).) "
River Watch contends the City is failing to adequately mitigate the impacts of its SSOs. In addition to compliance with the requirements of its NPDES Permit, the City is subject to the requirements of the General Requirements for Sanitary Sewer Systems, Statewide Waste Discharge Requirements, Order WQ 2022-0103-DWQ ("Statewide WDR"), governing the operation of sanitary sewer systems. The Statewide WDR requires the City to take all feasible steps, and perform necessary remedial actions, following the occurrence of an SSO including limiting the volume of waste discharged, terminating the discharge, and recovering as much of the wastewater as possible. Further remedial actions include intercepting and re-routing of wastewater flows, vacuum truck recovery of the SSO, cleanup of debris at the site, and modification of the collection system to prevent further SSOs at the site.
In addition to the requirements of the Statewide WDR, River Watch contends a critical remedial measure of compliance with the CWA is the performance of adequate sampling to determine the nature and impacts of SOs on the environment. Underestimating SSOs which reach surface waters as identified in this Notice must be addressed by the City. The EPA's Report to Congress on the Impacts and Control of COs and SSOs (EPA 833-R-04-001) identifies SSOs as a major source of microbial pathogens and oxygen depleting substances. River Watch finds no record indicating the City has performed any analysis of the impact of its SOs on aquatic or Notice of Violations Under CWA - Pg. 6
wildlife habitat, nor any evaluation of the measures needed to restore water bodies designated as habitat from the impacts of SSOs.
Wastewater Collection System Subsurface Discharges
It is a well-established fact that exfiltration caused by pipeline cracks, and other structural defects in a collection system result in discharges to adjacent surface waters via underground hydrological connections. River Watch is concerned by the absence in the public record of reports by the City confirming that no untreated sewage is discharged from cracks, displaced joints, eroded segments, etc., in the City's wastewater collection system into groundwater hydrologically connected to surface waters including, but not limited to, the Eel River. Surface waters become contaminated with pollutants including human pathogens. Chronic failures in a collection system pose a substantial threat to public health.
Studies tracing human markers specific to the human digestive system in surface waters adjacent to defective sewer lines in other systems have verified the contamination of the adjacent waters with untreated sewage. Evidence of exfiltration can also be supported by reviewing mass balance data, I/I data, video inspection, as well as tests of waterways adjacent to sewer lines for nutrients, human pathogens, and other human markers such as caffeine. Any exfiltration found is a violation of the City's NPDES Permit and therefore a violation of the CWA.
6. Failure to Maintain Adequate Contingency Plan and Spill Prevention Plan The City's NPDES Permit requires the City to maintain a Contingency Plan for its wastewater collection system in order to ensure that existing facilities and appurtenances remain in, or are rapidly returned to, operation in the event of a process failure or emergency incident. The NDES Permit requires the City to include provisions in its Contingency Plan related to:
emergency standby power; expeditious action to repair failures of, or damage to, equipment and sewer lines; and, programs for maintenance, replacement and surveillance of physical condition of equipment, facilities and sewer lines.
The City's NPDES Permit requires the City to maintain a Spill Prevention Plan in order to prevent accidental discharges from the collection system and minimize the effects of such discharges. This provision requires the City to identify possible sources of accidental discharges, untreated or partially treated waste bypass, and polluted drainage; evaluate the effectiveness of present facilities and procedures; predict the effectiveness of any proposed facilities and procedures; and provide an implementation schedule containing interim and final dates when the proposed facilities and procedures will be constructed, implemented, or operational.
The City's NPDES Permit requires that the City's collection, treatment, storage, and disposal systems shall be operated in a manner that precludes public contact with wastewater.
At all times relevant to this Notice, the City's Contingency Plan failed to satisfy these requirements by omitting provisions related to emergency standby power; expeditious action to repair failures of, or damage to, equipment and sewer lines; or programs for maintenance of integral assets such as pump stations, gravity sewer mains, and force mains. For example, the City's Contingency Plan does not describe any specific procedures to ensure that assets such as Notice of Violations Under CWA - Pg. 7
pump stations, gravity mains, or force mains are expeditiously repaired and returned to service. In addition, the Contingency Plan includes no specific procedures, whether through stockpiling of necessary physical resources to permit quick repairs or through specific training, to prepare for different reasonably foreseeable failure scenarios, such as earthquakes, electrical outages and the like.
At all times relevant to this Notice, the City's Contingency Plan failed to satisfy the requirements of the City's NDES Permit as a result of its failure to contain adequate spill response measures to preclude public contact with wastewater.
At all times relevant to this Notice, the City's Spill Prevention Plan failed to satisfy the requirements of the City's NPDES Permit because it failed to identify possible sources of accidental discharge, untreated or partially treated waste bypass, and polluted drainage; failed to evaluate the effectiveness of present facilities and procedures and state when they became operational; failed to predict the effectiveness of the proposed facilities and procedures; and failed to provide an implementation schedule containing interim and final dates when the proposed facilities and procedures will be constructed, implemented, or operational.
3. The Person or Persons Responsible for the Alleged Violation The entity responsible for the alleged violations identified in this Notice is the City of Fortuna and those of its employees responsible for compliance with the CWA and with any applicable state and federal regulations and permits.
4. The Location of the Alleged Violation
The locations of the various violations alleged in this Notice are identified in records created and/or maintained by or for the City which relate to the Facility and associated wastewater collection system, as further described in this Notice.
5. Range of Dates During Which the Alleged Activity Occurred The range of dates covered by this Notice is June 6, 2020, to the present. This Notice also includes all violations of the CW A by the City which occur after the range of dates covered by this Notice up to and including the time of trial. Some violations are continuous, and therefore each day constitutes a violation.
6. Name, Address, and Telephone Number of the Person Giving Notice The entity giving notice is California River Watch, referred to throughout this notice as "River Watch," an Internal Revenue Code § 501(c)(3) nonprofit, public benefit corporation duly organized under the laws of the State of California. Its headquarters and main office are located in Sebastopol. Its mailing address is 290 South Main Street, #817, Sebastopol, CA 95472. River Watch is dedicated to protecting, enhancing, and helping to restore surface waters and ground waters of California including coastal waters, rivers, creeks, streams, wetlands, vernal pools, aquiters and associated environs, biota, flora and fauna, and educating the public concerning environmental issues associated with these environs.
Notice of Violations Under CWA - Pg. 8
River Watch may be contacted via email at [email protected], or through its attorneys.
River Watch has retained legal counsel with respect to the issues raised in this Notice. All communications should be directed to the following counsel:
Jack Silver, Esq. David Weinsoff, Esq.
Law Office of Jack Silver Law Office of David J. Weinsoff 708 Gravenstein Hwy. North, #407 138 Ridgeway Avenue
Sebastopol, CA 95472 Fairfax, CA 94930
Tel. (707) 528-8175 Tel. (415) 460-9760
Email: [email protected] Email: [email protected]
RECOMMENDED REMEDIAL MEASURES
River Watch looks forward to meeting with the City's staff to tailor remedial measures to the specific operation of the Facility and associated wastewater collection system. In advance of that conversation, River Watch identifies the following general remedial categories that will advance compliance with the CWA and the Basin Plan, and help economize the time and effort the parties need to resolve their concerns:
1. A full condition assessment of the wastewater collection system including setting timelines for repairing or replacing significantly defective assets such as sewer lines, maintenance holes and pump/lift stations.
2. Mitigation of the effects of SSOs.
3. Adequate public and worker safety, including protocols to minimize exposure to infectious vectors.
4. An agreement to continue to not use chemical root control.
5. Repairs to the treatment system to eliminate ongoing effluent violations.
6. Consideration of a Supplemental Environmental Project in lieu of penalties.
7. In the event the City intends to provide municipal sewage as fertilizer, the advance initiation of monitoring for PFAS (per- and polyfluoroalkyl substances) commonly referred to as "Forever Chemicals," consistent with EPA, SWRCB, and RWQCB requirements.
8. Investigate and report on use of Bio-Organic Catalyst (see https://bio- organic.com/wastewater-treatment-collection-systems/) for wastewater treatment, anaerobic digestion, nontoxic cleaning, and management of organic wastes.
9. Consistent with Article X, Section 2 of the California Constitution and California Water Code Section 100 which prevents the waste or unreasonable use of water, implementation of programs and projects providing for the recycling and/or reuse of treated wastewater.
Notice of Violations Under CWA - Pg. 9
CONCLUSION
The violations set forth in this Notice affect the health and enjoyment of members of River Watch who reside and recreate in the affected community and may use the affected watershed for recreation, fishing, hiking, photography or nature walks. Their health, use and enjoyment of this natural resource is specifically impaired by the alleged violations of the CWA as set forth in this Notice.
CWA §8 505(a)(1) and 505(f) provide for citizen enforcement actions against any "person," including a governmental instrumentality or agency, for violations of NDES permit requirements and for un-permitted discharges of pollutants. 33 U.S.C. §8 1365(a)(1) and (f), 33 U.S.C. § 1362(5). An action for injunctive relief under the CWA is authorized by 33 U.S.C. § 1365(a). Violators of the Act are also subject to an assessment of civil penalties of up to $68,445.00 per day/per violation for all violations pursuant to Sections 309(d) and 505 of the Act, 33 U.S.C. §§ 1319(d), 1365. See also 40 C.F.R. §§ 19.1 - 19.4. River Watch believes this Notice sufficiently states grounds for filing suit in federal court under the "citizen suit" provisions of CWA to obtain the relief provided for under the law.
The CWA specifically provides a 60-day notice period to promote resolution of disputes.
River Watch strongly encourages the City to contact counsel for River Watch within 20 days after receipt of this Notice to initiate a discussion regarding the allegations detailed herein. In the absence of productive discussions to resolve this dispute, River Watch will have cause to file a citizen's suit under CWA § 505(a) when the 60-day notice period ends.
Very truly yours,
sets
Jack Silver
:JS
Attachments
Service List - Via U.S. Mail
Lee M. Zeldin - Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Ave. NW
Mail Code 1101A
Washington, D.C. 20460-0002
Josh F.W. Cook - Regional Administrator
U.S. Environmental Protection Agency
Pacific Southwest, Region 9
75 Hawthorne St.
Mail Code ORA-1
San Francisco, CA 94105-3941
Notice of Violations Under CWA - Pg. 10
Eric Oppenheimer - Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Notice of Violations Under CWA - Pg. 11
California Integrated Water Quality System (CIWQS 20.5) - Build Num... https://ciwqs.waterboards.ca.gov/ciwqs/readOnly/CiwqsReportServlet?...
ATTACHMENT A
California Home
Coor CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
California Integrated Water Quality System Project (CIWQS) Facility At-A-Glance Report
MIEW PRINTER FRIENDLY VERSION) (EXPORT THIS REPORT TO EXCEL] SEARCH CRITERIA: [REFINE SEARCHI [NEW SEARCHI (GLOSSARY] Place ID 225089
General Information
Region Place ID Place Name Place Type Place Address Place County. 1 225089 Fortuna City WWTP Wastewater Treatment Facility 180 Dinsmore Fortuna, CA, 95540-9556 Humboldt Related Parties
Party, Party Type Party Name Role Classification Relationship Start Date Relationship End Date 646373 Person Matthew Kevin Rogers Is A Data Submitter For 07/23/2024 603407 Organization Christopher Christianson Interested Party Private-Individual 10/10/2019 498376 Person Christopher Christianson Is Onsite Manager For 08/15/2019 537780 Person Andrew Bowles Is Onsite Manager For 06/23/2017 541386 Person Merritt Perry Contact 06/29/2015
550103 Person Charles E. Roberts Is Onsite Manager For 02/17/2015 538111 Person Douglas Culbert Is Onsite Manager For 01/07/2013 06/05/2019
537780 Person Andrew Bowles Is A Data Submitter For 04/30/2012 06/23/2017 525498 Person George H. Brenard Is Onsite Manager For 12/30/2010 11/29/2012 520180 Person Dennis Ryan Contact 02/01/2010
141217 Person Bruce Gehrke Contact 06/17/2005
16475 Organization Fortuna City Owner City Agency 06/27/2000 Total Related Parties: 12
Regulatory Measures
Reg Measure ID Reg Measure Type Region Program Order No. WDID Effective Date Expiration Date Status Amended? 440254 Co-Permitee SLIC 2020-0015-DWQ 1B831350HUM 07/09/2020 Active 401784 NDES Permit 1 NDMUNILRG R1-2017-0005 1B831350HUM 11/01/2017 10/30/2022 Active N 372927 NDES Permit 1 NDMUNILRG R1-2011-0004 1B831350HUM 01/27/2011 01/26/2016 Historical N 333098 NDES Permit 1 NDMUNILRG R1-2007-0007 1B831350HUM 09/13/2007 09/12/2012 Historical N 148165 NDES Permit NPDMUNILRG R1-2001-0041 1B831350HUM 04/26/2001 04/26/2006 Historical N 139883 WDR WDRMUNILRG 98-08801 1B831350HUM 08/26/1998 08/26/2013 Historical N 138326 NPDES Permit 1 NPDMUNILRG 94-024 1B831350HUM 09/22/1994 09/22/1999 Historical N 137834 NDES Permit NPDMUNILRG 88-128 1B831350HUM 09/28/1988 09/28/1993 Historical N 137444 NDES Permit -- NPDMUNILRG 83-135
1B831350HUM 11/29/1983 11/29/1988 Historical N
Total Reg Measures: 9
Violations
Volation Occurred Volation) Violation Description Corrective Action Status Classification Source 1141837 02/03/2025 OEV
Violation U eSMR
Nitrate, Total (as N) Monthly otunal, the cry on investment plant upgrade 1141838 01/22/2025 CAT1 Average limit is 32 mg/L and
reported value was 38 mg/L at which will add denitrification. Until then, nitrate •, Violati U eSMR M-001. exceedances will remain a constant threat.
1 of5 5/27/2025, 11:25 AM
California Integrated Water Quality System (CIWQS 20.5) - Build Num... https://ciwqs.waterboards.ca.gov/ciwqs/readOnly/CiwqsReportServlet?...
Nitrate, Total (as N) Monthly The city continues to work with consulting 1139094 12/10/2024 CAT1 Average limit is 32 mg/L and engineers on a treatment plant upgrade to include Violation eSMR U
Ne-orted value was 38 mg/L at denitrification.
Nitrate, Total (as N) Monthly
Average limit is 32 mg/L and The city continues working with consulting 1139095 10/08/2024 CAT1 Engineers on a treatment plant upgrade to include Violation eSMR reported value was 35 mg/L at denitrification.
M-003.
Staff continue to struggle with exceedances o
nitrate in the effluent, The plant is well designed
and operated at nitrifying, but has no means to
Nitrate, Total (as N) Monthly denitrify. This often results in excessive nitrate 1134337 09/30/2024 CAT1 Average limit is 32 mg/L and levels in the effluent, as shown during each month Violation eSMR of this quarter. Fortunately, the City continues U
reported value was 39 mg/lat
working with consultant engineers on a treatment
plant upgrade, which will add denitrification. Until
then, nitrate exceedances will remain a constant
threat.
Settleable Solids Monthly
1134340 09/30/2024 CAT1 Average limit is 0.1 ml/L and After the 0.2 result staff cleaned contact basins and violation reported value was 0.125 ml/L at secondary weirs eSMR
M-003.
113433509/30/2024 CAT2 Average limit is 0.56 ug/L and
Violation U eSMR
reported value was 0.84 ugl at abusan nationals to bring the plant back into Staff continue to struggle with exceedances of
nitrate in the effluent. The plant is well designe
and operated at nitrifying, but has no means to
Nitrate, Total (as N) Monthly denitrify. This often results in excessive nitrate 1134338 08/31/2024 CAT1 Average limit is 32 mg/L and levels in the effluent, as shown during each montt Violation reported value was 37 mg/L at of this quarter. Fortunately, the City continues eSMR M-003. working with consultant engineers on a treatment plant upgrade, which will add denitrification. Until
then, nitrate exceedances will remain a constant
threat.
Dichlorobromomethane Monthly
1134336 08/13/2024 CAT2 Average limit is 00.56 ug/L and Moted value was 00.87 g/L at staf ajusted nha to cla ratio Violation U eSMR Settleable Solids Monthly
1134339 07/31/2024 CAT1 Average (Mean) limit is 0.1 ml/L after the 0.2 staff cleaned contact basins anc Violation and reported value was 00.13 secondary cliarifer wier U eSMR ml/L at M-003.
Settleable Solids Monthly
1129538 06/30/2024 CAT1 Violation B eSMR
ettleable Solids Maximum Dail
1129539 06/24/2024 CAT1 MDEL) limit is 0.2 mg/L an staff adjusted mixed liquor to improve settling and Violation reported value was 0,3 mg/L at cleaned contact basins and clairifier B eSMR M-003.
Annual SMR (MONNPDES)
1125041 03/02/2024 LREP report for 2023(2673454) was Violation Report due on 01-MAR-24
1123391 11/14/2023 EV staff adjusted disinfection Violation eSMR nd reported value was 3!
IPN/100 mL at M-OO
Nitrate, Total (as N) Monthly
1123390 10/10/2023 CAT1 Average limit is 032 mg/L anc • the tearin plant upgrade, his winengineers Violation on a treatment plant upgrade, which will include eSMR
denitrification.
Nitrate, Total (as N) Monthly
1120974 09/12/2023 CAT1 Average limit is 32 mg/L and he City of Fortuna is working on upgrading it reported value was 38 mg/L at Violation B eSMR
NWTP to better remove nitrate in the effluen
M-003
Nitrate, Total (as N) Monthly
1120975 08/31/2023 CAT1 Average limit is 32 mg/L and The City of Fortuna is working on upgrading its reported value was 44 mg/L at WWTP to better remove nitrate in the effluent. Violation eSMR M-003.
Nitrate, Total (as N) Monthly
1120977 07/31/2023 CAT1 Average limit is 32 mg/L and The City of Fortuna is working on upgrading its Violation B eSMR
reported value was 43 mg/L at WWTP to better remove nitrate in the effluent.
M-003
ettleable Solids Monthl
1120973 07/31/2023 CAT1 verage limit is 0.1 ml/L ar Adjusted aeration rates in the MLSS to fine-tune reported value was 0.2 ml/L at biological nitrification-denitrification. Violation B eSMR M-003.
Settleable Solids Daily Maximum Adjusted aeration rates in the MLSS to fine-tune 1120976 07/10/2023 CAT1 limit is 0.2 ml/L and reported Violation B eSMR value was 0.4 ml/L at M-003. biological nitrification-denitrification. 2 of 5 5/27/2025, 11:25 AM
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Staff altered solids-wasting schedules and fine
tuned the plant solids-balance to enhance proper
1118688 06/30/2023 CAT1 Violation B eSMR
reported value was 0.225 ml/L at Seting in the sendar a secre any aries or operation.
(MDEL) limit is 0.2 ml/L and Settleable Solids Maxim am Daily Staff continued operations to correct the plant solids Violation 1118687 06/06/2023 CAT1 balance and enhance treatment conditions to B eSMR reported value was 0.5 ml/L at
enable better settling in the secondary clarifiers.
Plant staff added a second secondary clarifier
1118686 05/30/2023 CAT1 Settles 0.2 milL a Da rep orimum or increased seing slur to the chie colored eSMR for increased settling prior to the chlorine contact Violation value was 0.5 ml/L at M-003. chambers. The reduction of sludge-wasting allowe or solids build-up and recuperation in the MLSS
Nitrate, Total (as N) Monthly
Average limit is 32 mg/L and Excessive nitrate levels will remain a constant 1112480 11/29/2022 CAT1 threat in the effluent until the City upgrades the Violation B eSMR Mood value was 37 mg/L at treatment plant to add denitrification infrastructure. itrate, Total (as N) Month!
1109356 07/11/2022 CAT1 \verage limit is 32 mg/L ani Exet un the yural see rear pant to Violation reported value was 33 mg/L at B eSMR
M-003 add denitrification
Nitrate, Total (as N) Monthly The plant is in the design phase of upgrading its 1106085 06/16/2022 CAT1 Average limit is 32 mg/L and
reported value was 35 mg/L at treatment process for denitrification. This will result Violation B eSMR in the future removal of nitrate in the effluent.
Total Coliform 30-Day Median
110608605/31/2022 OEV limit is 23 MPN/100 mL and Staff increased the chlorine dosage feed-rate to reported value was 49 MPN/100 improve disinfection. Violation B eSMR mL at M-003.
Dichlorobromomethane Monthly Staff will continue to closely monitor chemical feed- 1106084 05/19/2022 CAT2 Average limit is 0.56 ug/L and
reported value was 0.92 ug/L at rates and treatment efficiency to inhibit the Violation B eSMR M-003. formation of disinfection byproducts in the effluent.
Due to an over-depletion of DO
1102927 03/03/2022 DMON state va dated the euent a City lab staff corrected the issue with the lab dilution Violation eSMR staff invalidated the effluent BOD water.
result for the first week of March.
Due to an over-depletion of DO
1102926 03/03/2022 DMON state nab dilution water, City lab City lab staff corrected the issue with the lab dilution Violation eSMR staff invalidated the influent BOD water.
result for the first week of March.
Ammonia, Total (as N) Monthly The City of Fortuna is upgrading its WWTP to better 1095607 07/13/2021 CAT1 Average limit is 9.4 mg/L and control treatment for nutrient removal, such as reported value was 9.7 mg/L at Violation eSMR
M-003. ammonia. This will occur in the next few years.
Total Coliform Monthly Median
1092053 04/30/2021 OEV limit is 23 MPN/100 mL and Staff will adjust chemical feed to meet any possible Violation reported value was 214.5 effects of future plant process changes. B eSMR MPN/100 mL at M-001
Total Coliform Single Sample
1092052 04/26/2021 OEV Maximum limit is 240 MPN/100
Staff will adjust chemical feed to meet any possible Violation B eSMR mL and reported value was 350 effects of future plant process changes.
MPN/100 mL at M-001.
Total Coliform Single Sample
1092051 04/20/2021 EV Maximum limit is 240 MPN/100 Staff will adjust chemical feed to meet any possible Violation IL and reported value was 35 effects of future plant process changes. eSMR IPN/100 mL at M-00
The plant is under a Time Schedule Order to
1092054 04/13/2021 CAT1 upgrade its ability to remove ammonia and nitrate. Violatior eSMR This will occur before the end of 2024.
Chlorine, Total Residual Staff changed out the S02 ton tank as soon as their shift began. In the future, a preemptive S02 ton
1088517 02/19/2021 CAT2 tank changeout will occur before it can empty after Violation eSMR hours and switch over to the 150# cylinders under
such high flow conditions.
Total Coliform Maximum Daily
1083797 12/08/2020 OEV (MDEL) limit is 240 MPN/100 mL Staff increased chlorine feed until they resolved the nd reported value was 35 turbid effluent situation that caused the high Violation eSMR IPN/100 mL at M-O0 coliform count.
Average it 04 grandy Staff took better control of the biological nitrification 1083796 10/13/2020 CAT1 reported value was 19 mg/L at process to prevent any further ammonia violations Violation B eSMR Ammonia, Total (as N) Monthly Probable causes include lack of adequate 1080183 09/09/2020 CAT1 Average limit is 9.4 mg/L and nitrification in the treatment process or excessive Violation reported value was 15 mg/L at chloramination. More attention to the nitrification eSMR process and ammonia feed will occur in the future.
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Nitrate, Total (as N) Monthly he plant will be upgraded in the near future 1076855 06/09/2020 CAT1 Average limit is 32 mg/L and
include de-nitrification infrastructure to remo Violation U eSMR reported value was 36 mg/L at nitrate
M-003.
Report displays most recent five years of violations, Refer to the Interactive Violation Report for more data.
Total Violations: 41 Priority Violations: O
*Click the "(+/-) Violation Description" link to expand and contract the violation description. instead of the Yes/No data.
Violation Types
CAT1 = Category 1 Pollutant (Effluent Violation for Group 1 Pollutant) CAT2 = Category 2 Pollutant (Effluent Violation for Group 2 Pollutant) DMON = Deficient Monitoring LREP = Late Report
OEV = Other Effluent Violation
Enforcement Actions
Ent id Enf Type Enf Order No. Effective Date Status
459001 Admin Civil Liability R1-2023-0033A 10/30/2024 Active 452553 Admin Civil Liability R1-2023-0033 05/08/2023 Active 447009 Admin Civil Liability R1-2021-0044 03/15/2022 Active 422368 Admin Civil Liability R1-2018-0010 05/23/2018 Historical 416827 Time Schedule Order R1-2017-0026 11/01/2017 Active 415924 Admin Civil Liability R1-2017-0016 04/04/2017 Historical 390007 Notice of Violation 04/24/2013 Historical
378764 Admin Civil Liability R1-2011-0050 08/13/2012 Historical 377659 13267 Letter R1-2011-0034 02/17/2011 Historical
348233 Notice of Violation R1-2008-0082 06/27/2008 Historical 345113 Admin Civil Liability R1-2009-0041 04/10/2008 Historical 333836 Oral Communication 10/17/2007 Historical
309295 Admin Civil Liability R1-2006-0005 01/04/2006 Historical 248239 Staff Enforcement Letter 08/19/2002 Historical
249253 07/01/2002 Historical
239757 Staff Enforcement Letter 12/19/2001 Historical
235443 Oral Communication 02/20/2001 Historical
226632 08/02/2000 Historical
226629 08/02/2000 Historical
224048 Star Connement Letter LT980529
05/29/1998 Historical
220192 Cease and Desist Order 97-040 05/22/1997 Active
223005 Cease and Desist Order 94-114 09/22/1994 Historical 219226 Admin Civil Liability 85-005 12/05/1985 Historical 219225 Formal Refer to Attorney Gen 85-013 12/05/1985 Historical Total Enf Actions: 24
Inspections
Inspection ID Inspection Type Lead Inspector Actual End Date Planned Violations Attachment 58608048 B Type compliance inspection Erin Mustain 08/27/2024 Download 52246654 B Type compliance inspection Justin C. McSmith 06/30/2023 N NIA 45244290 B Type compliance inspection Jake Albright 06/08/2021 N [Attachments] 41506127 B Type compliance inspection Justin C. MeSmith 08/21/2019 N N/A 36455064 A Type compliance inspection Justin C. McSmith 01/18/2019 N 0 NIA 15632713 B Type compliance inspection Lisa Bemard N N/A 11/06/2013 0
11930962 A Type compliance inspection Cathleen A. Goodwin (Multiple) 03/13/2013 N 1 [Attachments] 8597869 B Type compliance inspection Lisa Bernard 06/06/2012 N 0 [Attachments] 4787961 B Type compliance inspection Lisa Bernard 06/15/2011 N NIA 0 4498372 Field Oversight Lisa Bernard 01/13/2011 N 0 N/A 2475220 A Type compliance inspection Lisa Bernard 05/26/2010 N N/A 1674572 A Type compliance inspection Lisa Bernard 03/12/2009 N [Attachments] 1350360 A Type compliance inspection Lisa Bernard 03/26/2008 N [Attachments] 1008181 A Type compliance inspection Lisa Bernard 02/22/2007 N N/A 1008540 B Type compliance inspection Lisa Bernard 06/01/2006 N NIA 338042 B Type compliance inspection Lisa Bernard 03/03/2005 Y NIA 335632 B Type compliance inspection Lisa Bernard 08/24/2004 Y N/A 4 of 5 5/27/2025, 11:25 AM
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ATTACHMENT B
California Home Tuesday, May 27, 2025
C.cov • CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
California Integrated Water Quality System Project (CIWQS) Spill Public Report - Summary Page
The information on this summary page is the result of your search. These results correspond to the following search criteria:
SEARCH CRITERIA: [REFINE SEARCHI
• Agency (Fortuna City)
• Spill Type (Catogory 1; Category 2; Catogory 31)
The information in this table does not include Category 4 spills, as defined in the Statewide Sanitary Sewer Systems General Order 2022-0103-DWQ ( https://www.waterboards.ca.gov/ooard_decisions/adopted_ordersiwater_quality/2022/wqo_2022-0103-dwq.pdf.).
More information about the Spill Public Report is found at the bottom of this page.
VIEW PRINTER FRIENDLY VERSION] (EXPORT THIS REPORT TO EXCELI EXPORT ALL SPILL DETAILS TO EXCEL] Percent
Total Volume Total Reached Reached Miles
Rosponsible Sower Volume Surface Percent Surface Miles of of Number Agency System Water Pressure Gravity Miles of Pump
(%) (%) Sewer Sewer Laterals Stations
Fortuna Operational
1 Fortuna City City CS 1SSO10031 46 759,595 367,460 277,778 48 36 2.0 42.0 3.0 7 Performance 46 769,595 367,460 277,778 2.0 42.0 3.0 7.0
hen assessing the performance of sanitary sewer systems regulated under the Statewide Sanitary Sewer Systems General Order, it is important to revie pill reports in detail. There may be multiple individual spill event IDs that share the same locatio The search results on this summary page present summary data from individual spill reports submitted in the online CIWQS Sanitary Sewer System Database, meeting the search criteria selected. To determine if spill reports relate to a common failure point within the sanitary sewer system, the spill reports should be reviewed in detail by selecting a number under the "Total Number of Spills" column, corresponding to a specific sanitary sewer system.
The "Responsible Agency", or Enrollee, listed on a spill report is responsible for the spill described and should be contacted directly for questions related to that incident.
The current report was generated with data entered by Enrollees on the previous day.
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ATTACHMENT C
California Home
Tuesday, May 27, 2025
C.oov CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
California Integrated Water Quality System Project (CIWQS) Spill Public Report - Spill Event ID(s) Page
Here is the detail page of your Sanitary Sewer System Spill Report search for selected Regional Board, county, responsible agency, or sanitary sewer system. These results correspond to the following search criteria:
SEARCH CRITERIA: [REFINE SEARCH]
• Region (1)
• Spill Type (Category 1; Category 2))
• Agency (Fortuna City)
• Agency (Fortuna City)
The table below presents important details from Enrollee-submitted certified spill events, as submitted through individual spill reports, which meet the search criteria selected on the Sanitary Sewer System (SSS) Spill Report Form. If data is not shown for a particular field, it means the Enrollee did not provide the information and was not required to do so. To view the entire spill report, select the corresponding "Spill Event ID".
DRILLDOWN HISTORY: (GO BACK TO SUMMARY PAGE)
REGION: 1
(VIEW PRINTER FRIENDLY VERSION] (EXPORT THIS REPORT TO EXCELI Spill Spill Vol Spill Vol
Event Region Responsible Sewer Spill Spill Start Reached Vol Recovered System catiore Sill Aparaint
Agency System WDID Category Date Surface Location
(gal) (gal) Water (gal)
854397 1 Fortuna City Fortuna 1SSO10031 Category 2018-12-18 6,060 100 Gravity Mainline Lateral Private) City CS 10:03
856442 Fortuna
1 Fortuna City 1SSO10031 Category 2019-02-25 13,875 13,875 Gravity Mainline Gravity Mainline City CS 13:00
spill came out of
856443 1 Fortuna City Ety CS 1SS010031 Category 2019-02-55 5,020 100 cleanout at 543 Lateral Clean Ou 07:50 (Private)
main
887096 1 Fortuna City Fortuna
City CS 1SSO10031 Category 2023-03-50 17,150 12,000 5,150 Manhole Manhole 10:50
892017 Fortuna City Fortuna Category 2024-01-13
City CS 1SSO10031 1 Spill 10:26 115,200 12,500 3,410 Manhole Manhole 893221 1 Fortuna City CateSpil 202401-20 23,500 13,000 10,000 Mainline, Maraole Mainline, Manhole Gravity City CS
898155 1 Fortuna City Fortuna 1SSO1003 Cator 2021-1223 3,800 3,800 Pump station vault. Pump Station City Cs
899448 1 Fortuna City FICS 155010031 Cat Sply 2025-02-00 18,000 18,000 Manhole Manhole
899449 1 Fortuna Gily FlyCs 1S5010031 Cate Sply 2025-02-03 42,750 29,000 Gravity Manhole 11:00 13,750 Mainline, Manhole
12 Go To Page: 25 v Records/Page
The current report was generated with data entered by Enrollees on the previous day.
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