The California Regional Water Quality Control Board issued a notice of violation to Chevron U.S.A., Inc. for failing to take responsibility for contaminating and treating San Juan Capistrano wells from its methyl tertiary butyl ether (MTBE) contamination.
The notice dated Feb. 2 subjects Chevron to possible enforcement action by the Regional Water Quality Control Board, State Attorney General and the Orange County District Attorney's office for criminal prosecution if it continues to ignore its responsibility to clean up the contaminate. Chevron is also subject to civil liability of $5,000 per day per violation.
The board's move is significant for the City, which has long been trying to get Chevron to take responsibility for the MTBE plume in the City's groundwater that has curtailed use of the Groundwater Recovery Plant. MTBE spilled into City's aquifer years ago from two Chevron gas stations in town. The fuel additive was detected two years ago in City groundwater wells.
Due to the contamination recorded at the Dance Hall Well, the City has been forced to supplement its water supply by purchasing imported water from the Metropolitan Water District.
For the past year, the City has agreed to let Chevron have immediate access to build the treatment facility; however, Chevron has refused to do so in a way that is workable and does not further damage the City.
"We have had a high level of confidence that the Regional Water Quality Control Board would find that Chevron is responsible to clean up our water," said Mayor Londres Uso. "Now that they have done so, we very much hope that Chevron will come to the table in earnest to resolve these issues. We would much rather resolve them through negotiation than litigation."
In an effort to remedy the situation since Chevron failed to address the contaminate in the City's groundwater, the City Council two weeks ago approved installation of a system to remove the fuel additive from the City's groundwater. With council's latest action, the City's costs since shutting down this primary well exceeds $4 million.
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