The Central Valley Regional Water Quality Control Board issued a violation for an Amador County business the same week it deemed the city of Jackson had satisfied its own compliance demand.

The city of Jackson was cited for effluent violations that persisted from January 2000 through December 2007 at the city's wastewater treatment plant and carried a penalty of approximately $201,000 minimum in fines. As part of the compliance project, the city made $234,000 in improvements, satisfying the board's requirements.

Each violation carried a minimum penalty of $3,000 per occurrence. At the time Jackson was noticed, City Manager Mike Daly said the city had 69 violations. That number was knocked down to 67 after a review of the city's response.

"Fortunately, the mandatory minimum penalties allow certain exceptions and credits against the monetary penalties," Daly said. "Small communities that can show a financial hardship can apply that toward improvements in correcting the problems."

Daly explained that the city of Jackson falls into a median income level that is less than 80 percent of the statewide average, which qualified the city for a financial hardship status. The $234,000 in capital expenditures that were disbursed over a seven-year period wasitemized and credited.

The effluent violations exceeded limitations for ammonia, biochemical oxygen demands, chlorine residual, suspended solids and turbidity. The violation charge gave the city an option of contesting the complaint with a hearing before the Central Valley board, an option that was waived with the completion of improvements.

Most of Jackson's violations occurred when new notification requirements went into effect with the permit the city was granted in 2000. According to Daly, it took "trial and error" to balance the unknown constituents that were coming into the treatment plant.

Wendy Wyels, compliance and enforcement supervisor for the Central Valley board, told the Ledger Dispatch state law requires the board to issue complaints when violations are noted, but that it was a mere formality in the case of Jackson.

"There will be no board hearing on Jackson since they actually paid more in improvements on the treatment plant than they were required," she said.

Ironically, TML Development, which is constructing the Thunder Mountain Lodge at Kirkwood Ski Resort, is facing a $10,000 fine for "failing to use best management practices" while pumping water. The water quality board has proposed the fine in relation to the construction of a storm water drain permit. According to a May 8 news release, the discharge from a trench into Kirkwood Creek, which headwaters the south fork of the American River, has "created considerable turbidity (cloudiness/muddiness) downstream and into Kirkwood Meadow."

The Central Valley board's assistant executive officer, Barry Hilton, said site inspectors noticed that the runoff of water upstream was "crystal" clear from the snowmelt, whereas the downstream runoff contained suspended sediments.

"The highly turbid runoff could have reduced aquatic habitat, buried salmon spawning beds and caused a reduction in oxygen in the water that would further harm aquatic life," he said in an e-mail to the Ledger Dispatch.

Wyels added that TML has not yet complied with the demand and the company has 30 days to either pay the fine or appear before the board for consideration for dismissal.

"They have an option of putting money back into the project," she said, "or they pay the fine."

The Central Valley Regional Water Quality Control Board will consider the complaint at a regular board meeting that will be held either July 31 or Aug. 1.

Sierra Pacific Industries in Martell was also issued a revised monitoring and reporting program for the assessment of ground and surface water impacts related to the company's lumber mill. SPI was issued a notice of violation in May 2007 that required it to close and remediate a wood waste landfill, ash disposal area and a fungicide drip area.

According to the violation order, SPI failed to report the discharge of waste into a water drainage course and didn't resample groundwater after discovering the discharge. The revised monitoring and reporting program will now result in quarterly sampling and submittals of collections along with an analysis plan. The installation of a background monitoring well was also part of the water board's requirements and must be completed by Sept. 30.