From the above:
116. On October 31, 2024, DWR submitted the most recent version of the Action Plan, in
response to the PAO. The Action Plan includes the following items:
17• Sump 1 Catchment Area: “Addition of the asphalt berm and installation of the water
treatment system will start immediately, once the system design has been approved for
installation.”
• Sump 2 Catchment Area: “French Drain construction, installation of the oil/water
separator, and re-grading of the area will start in October with completion by mid
November.”
• Sump 3 Catchment Area:
“As of October, DWR has excavated approximately 85% of the berm. …
Once the wood waste berm is completely removed, a four-inch asphalt berm is intended
to be placed along the northern perimeter of the existing asphalt surface to ensure only
‘non-effluent’ stormwater from the asphalt catchment area is collected at Sump 3.
Currently, Sump 3 is a small pond, heavily overgrown with blackberry bushes and
bulrushes preventing easy access. Vegetation around the sump will be removed. The
sump will be excavated to clean out vegetation and sedimentation, enlarged, lined and
partially filled with rock. Excavated material will be sampled for characterization and
disposed of at an authorized landfill facility.
With the removal of the wood waste berm, the water quality is expected to improve. The
discharge from Sump 3 will be pumped by submersible pump to the catchment area of
Sump 1. Sampling at Sump 3 will continue for 3 Significant Rainfall Events to monitor
discharge quality. If the water quality from Sump 3 meets the BCWQG (Aquatic Life –
Marine) for TSS, total and dissolved copper, lead, and zinc after these three separate
rainfall events, sampling from Sump 3 will be discontinued. Sump 3 will continue to be
monitored if the above water quality is not met.”
• Effluent treatment: “A water treatment system is to be commissioned to treat the
combined flows from all three catchment areas the culminate at Sump 1 and designed to
remove TSS, total metals from the stormwater with the objective of meeting the BCWQG
(Aquatic Life – Marine) as required by the PAO.”
117. Since the Notice, I agree that DWR has continued to implement the Action Plan under the
PAO including such activities as building asphalt berms, installing a water treatment system,
building a French Drain, installing an oil/water separator, lining Sump 3, re-grading the area
and removing the waste berm.
118. I am persuaded by DWR that, by making these efforts, it has taken some additional actions
to avoid the contraventions from happening again in the future.
119. After considering the relevant information above, I am convinced that a reduction of twentypercent of the base penalty (- $4,000) is appropriate for DWR’s efforts to avoid the
contraventions from happening again in the future.
Sump 3 below – have these actions taken place? NOPE. “Currently, Sump 3 is a small pond, heavily overgrown with blackberry bushes andbulrushes preventing easy access. Vegetation around the sump will be removed. The sump will be excavated to clean out vegetation and sedimentation, enlarged, lined and partially filled with rock. Excavated material will be sampled for characterization and disposed of at an authorized landfill facility.“
allthingsunionbay 