County of Yolo - California State Water Resources Control Board

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County of Yolo
                                              DEPARTMENT OF COMMUNITY SERVICES
                                                  Environmental Health Division
                                                292 W Beamer St., Woodland, CA 95695
April Meneghetti, REHS                       PHONE - (530) 666-8646   FAX - (530) 669-1448
Environmental Health Division Manager

Capay Open Space Park                                                 Citation No. 01_87_19C_019
120 W Main St Ste C                                                   Water System No. 5700737
Woodland, CA 95695

Issued: May 29, 2019

TOTAL COLIFORM MONITORING AND REPORTING VIOLATION FOR FIRST
QUARTER 2019

To Whom It May Concern:

Enclosed is the citation issued to Capay Open Space Park (hereinafter “Water System”). The
citation is being issued from non-compliance of Water System with the California Code of
Regulations (CCR), Title 22 and the California Health and Safety Code, “Safe Drinking Water
Act.” The State of California’s Department of Public Health Local Primacy Delegation
Agreement requires that the Yolo County Environmental Health Division (“Division”) take
appropriate enforcement actions in the event that the Water System fails to comply with
provisions of CCR, Title 22 and the California Health and Safety Code.

The citation defines the specific violations and directives required to achieve compliance with
CCR, Title 22 and the California Health and Safety Code.

Under Yolo County Code, preparation of this citation as well as other enforcement activities will
be billed at $174 per hour to the water system. An invoice for one (1) hour of report writing,
consultation and record review will be billed to the water system account in the month of May
2019 for extra time spent as a result of the total coliform monitoring and reporting violation
citation.

Any person who is aggrieved by a citation issued by the Division may file a petition with the
State Water Resources Control Board (“State Water Board”) for reconsideration of the citation.
Petitions must be received by the State Water Board within 30 calendar days of the issuance of
the citation. The date of issuance is the date when the Division mails or serves a copy of the
citation, whichever occurs first. If the 30th day falls on a Saturday, Sunday, or state holiday, the
petition is due the following business day. Petitions must be received by 5:00 p.m. Information
regarding filing petitions may be found at:

http://www.waterboards.ca.gov/drinking_water/programs/petitions/index.shtml
If you have any questions or concerns, you may contact me at (530) 666-8587 or
lia.shrewsbury@yolocounty.org.

Regards,

Lia Shrewsbury, REHS
Yolo County Environmental Health Division
Department of Community Services
lia.shrewsbury@yolocounty.org

Enclosures
       Citation No. 01_87_19C_019
       Notification Template
       Compliance Certification Form

Certified Mail No. 7015-1520-0000-0091-5714
County of Yolo
                                         DEPARTMENT OF COMMUNITY SERVICES
                                              Environmental Health Division
                                            292 W. Beamer Street, Woodland, CA 95695
April Meneghetti, REHS                    PHONE - (530) 666-8646    FAX - (530) 669-1448
Director of Environmental Health

Capay Open Space Park                                               Citation No. 01_87_19C_019
120 W Main St Ste C                                                 Water System No. 5700737
Woodland, CA 95695

Issued: May 29, 2019

                      CITATION FOR NONCOMPLIANCE
          TOTAL COLIFORM MONITORING AND REPORTING VIOLATION
          CALIFORNIA CODE OF REGULATIONS, TITLE 22, SECTION 64423
                         FOR FIRST QUARTER 2019

The California Health and Safety Code (hereinafter “CHSC”) Section 116650 authorizes the
issuance of a citation for failure to comply with a requirement of the California Safe Drinking
Water Act (hereinafter “California SDWA”; CHSC, Division 104, Part 12, Chapter 4,
commencing with Section 116270), or any regulation, standard, permit, or order issued or
adopted thereunder.

The Environmental Health Division of the Yolo County Department of Community Services
(hereinafter “Division”), the Local Primacy Agency, hereby issues this citation pursuant to
Section 116650 of the CHSC to the Capay Open Space Park (hereinafter “Water System”) for
violation of CHSC, Section 116555(a)(1) and California Code of Regulations (hereinafter
“CCR”), Title 22, Section 64423.

STATEMENT OF FACTS
The Water System is classified as a transient non-community water system with a population of
25, serving 2 connections. The Division received no results for routine bacteriological samples
taken during first quarter 2019.
Citation No. 01_87_19C_019

DETERMINATION
CCR, Title 22, Section 64421(a)(2) states that each water supplier shall collect routine, repeat
and replacement samples as required in Sections 64423, 64424 and 64425. Section 64423 states
that a water supplier shall collect routine bacteriological water samples based on the known
population served or the total number of service connections, whichever results in the greater
number of samples, as shown in Table 64423-A.

In accordance with CCR, Title 22, Section 64423, the Water System was required to collect one
bacteriological sample during first quarter 2019. Therefore, the Division has determined that the
Water System violated CCR, Title 22, Section 64423 during first quarter 2019.

DIRECTIVES
The Water System is hereby directed to take the following actions:
   1. The Water System shall collect the bacteriological sample(s) in accordance with CCR,
       Title 22, Section 64423 in all future compliance periods.

   2. On or before June 28th, 2019, notify all persons served by the Water System of the
       violation of Section 64423, in conformance with CCR, Title 22, Sections 64463.4(b)&(c)
       and 64465. Appendix 1: Notification Template shall be used to fulfill this directive,
       unless otherwise approved by the Division.

   3. Complete Appendix 2: Compliance Certification Form. Submit with a copy of the public
       notification required by Directive 2 to the Division on or before July 10th, 2019.

All submittals required by this Citation shall be submitted to the Division at the following
address:
                                    Lia Shrewsbury, REHS
                               lia.shrewsbury@yolocounty.org
                             Yolo County Environmental Health
                             Department of Community Services
                          292 West Beamer St. Woodland, CA 95695

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Citation No. 01_87_19C_019

The Division reserves the right to make such modifications to this Citation as it may deem
necessary to protect public health and safety. Such modifications may be issued as amendments
to this Citation and shall be effective upon issuance.

Nothing in this Citation relieves the Water System of its obligation to meet the requirements of
the California SDWA (CHSC, Division 104, Part 12, Chapter 4, commencing with Section
116270), or any regulation, standard, permit or order issued or adopted thereunder.

PARTIES BOUND
This Citation shall apply to and be binding upon the Water System, its owners, shareholders,
officers, directors, agents, employees, contractors, successors, and assignees.

SEVERABILITY
The directives of this Citation are severable, and the Water System shall comply with each and
every provision thereof notwithstanding the effectiveness of any provision.

FURTHER ENFORCEMENT ACTION
The California SDWA authorizes the Division to: issue a citation or order with assessment of
administrative penalties to a public water system for violation or continued violation of the
requirements of the California SDWA or any regulation, permit, standard, citation, or order
issued or adopted thereunder including, but not limited to, failure to correct a violation identified
in a citation or compliance order. The California SDWA also authorizes the Division to take
action to suspend or revoke a permit that has been issued to a public water system if the public
water system has violated applicable law or regulations or has failed to comply with an order of
the Division, and to petition the superior court to take various enforcement measures against a
public water system that has failed to comply with an order of the Division. The Division does
not waive any further enforcement action by issuance of this Citation.

                                                                      May 29, 2019
Lia Shrewsbury, REHS
Yolo County Environmental Health Division
Department of Community Services

                                                  3
Citation No. 01_87_19C_019

Appendices (2):

   1. Notification Template
   2. Compliance Certification Form

Certified Mail No. 7015-1520-0000-0091-5714

                                              4
Citation No. 01_87_19C_019

                              APPENDIX 1. NOTIFICATION TEMPLATE

          IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
              Este informe contiene información muy importante sobre su agua potable.
                        Tradúzcalo o hable con alguien que lo entienda bien.

                 TOTAL COLIFORM MONITORING REQUIREMENTS NOT MET FOR

                                   CAPAY OPEN SPACE PARK

Capay Open Space Park failed to monitor as required for drinking water standards during the
past year, and therefore was in violation of drinking water regulations. Even though this failure
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 first quarter 2019, we did not monitor or test for total coliform bacteria 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 this time.
  • If you have health issues concerning the consumption of this water, you may wish to
      consult your doctor.
  • The table below lists the contaminant we did not properly test for during the last year,
      how many samples we are required 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
                     Frequency            Taken              Taken                  Be Taken
Total coliform
                      Quarterly             0             March 31, 2019
   bacteria

What happened? What is being done?

For more information, please contact:

Name:                                Phone number:

                                                5
Citation No. 01_87_19C_019

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.

                                                6
Citation No. 01_87_19C_019

                              APPENDIX 2. COMPLIANCE CERTIFICATION

                                 Citation Number: 01_87_19C_019
                        Name of Water System: Capay Open Space Park
                                     System Number: 5700737

                                             Certification

I certify that the users of the water supplied by this water system were notified of the
bacteriological monitoring and reporting violation of California Code of Regulations, Title 22,
Section 64423 for the compliance period of first quarter 2019 and the required actions listed
below were completed.

                                Required Action                                      Date Completed
  (Citation Directive 2) Public Notification
  Method(s) Used:_______________________________________

      Signature of Water System Representative                                   Date

  Attach a copy of the public notice distributed to the water system’s customers.

          THIS FORM MUST BE COMPLETED AND RETURNED TO YOLO COUNTY
              ENVIRONMENTAL HEALTH NO LATER THAN JULY 10TH, 2019.

Disclosure: Be advised that the California Health and Safety Code, Sections 116725 and 116730
state that any person who knowingly makes any false statement on any report or document submitted
for the purpose of compliance with the Safe Drinking Water Act may be liable for, respectively, a civil
penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing
violations, for each day that violation continues, or be punished by a fine of not more than $25,000 for
each day of violation, or by imprisonment in the county jail not to exceed one year, or by both the fine
and imprisonment.

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