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Enforcement Action
Bernard Luther
Professional Geologist No. 4356
Certified Engineering Geologist No.1356
Certified Hydrogeologist No. 379
The Board for Geologists and Geophysicists (Board) issued a Citation and Fine of $2,500 on September 21, 2005 to Bernard Luther for violation of sections 7872(h) and 7860 of the Business and Professions Code and for violation of section 3065(a)(2) of the California Code of Regulations (requiring a Professional Geologist to practice geology with competence and due care).
Mr. Luther signed various reports providing professional groundwater quality characterization, monitoring and remediation services relating to two sites in San Diego County; the former California Lien Supply, 101 16th Street in the city of San Diego, California, and the Seven-Day Tire and Brake, 2001 Oceanside Boulevard in Oceanside, California. The report specifically signed and/or stamped by Mr. Luther for the California Lien Supply site is entitled "Semi-Annual Groundwater Sampling Report by Applied Consultants, Inc.", dated January 12, 2005. Documentation specifically signed and/or stamped by Mr. Luther for the Seven-Day Tire and Brake site include the April 15, 2003 "Workplan for Future Work by Applied Consultants, Inc.", the July 10, 2002 "Quarterly Monitoring Report (Q2-02)", the August 12, 2002 "Revised Quarterly Monitoring Report (Q2-02)" and a series of seven undated "Potentiomentric Maps" and associated cover letters. All reporting completed under the responsible charge of Mr. Luther was submitted by Applied Consultants, Inc. to San Diego County, Site Assessment and Mitigation program staff.
The above-referenced documents submitted by Mr. Luther failed to accurately characterize monitoring well elevations and did not provide field logs and documentation to prove that site monitoring wells were properly purged - thereby failing to document a valid groundwater sampling procedure - in accordance with the San Diego County Site Assessment and Mitigation Program Manual (SAM Manual) resulting in erroneous groundwater flow directions and unreliable groundwater sample water quality testing results.
Title 16 California Code of Regulations section 3065(a)(2) makes it a ground for disciplinary action for any licensee to fail to act with competence and reasonable care in applying the technical knowledge and skill which is ordinarily applied by licensees of good standing and under similar circumstances and conditions.1
In accordance with section 125.9(d) of the Business and Professions Code payment of the fine does not constitute admission of the violation charged and represents satisfactory resolution of the matter. Bernard Luther agreed to pay the fine and the case was closed on October 21, 2005.
1 The standard practice of a licensed Professional Geologist (PG) conducting site evaluations under similar circumstances and conditions, requires that the reasonable PG present an accurate and properly documented wellhead survey plan and insure that groundwater sampling is completed in a technically defensible manner so as to provide evidence of a valid groundwater sampling procedure (e.g., insuring properly completed and documented groundwater monitoring well sample purging logs) for project document submittals.
