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Mr. David Lieb Marley Cooling Tower Company 4- February 10, 2003 By March 20, 2003, Marley Cooling Tower Company is required to submit the following items: A technical report on its preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges, and for minimizing the effect of such events in accordance with Standard Provisions B.3 as described above. This report shall also include information documenting: the events of the release to the Canal; the cause of the release; the specifics of the release, including the estimated number or gallons of effluent discharged that was out of compliance with the permitted pH discharge limits, and the estimated number of gallons of sodium hydroxide discharged; the results of the system analysis that MCTC performed; proposed modifications to the system; schedules for system modifications; future preventive measures; and any recommended changes to the existing Operation and Maintenance Manual. The report shall include schematics and drawings of the modifications proposed or conducted for the treatment systems. In addition to the items listed above, this report shall also include a description and evaluation of MCTC's training program for its staff on the treatment system operation and maintenance, and spill reporting procedures. • A contingency plan for implementing additional monitoring and inspections in the event of an accidental discharge or spill. This contingency plan can be part of the technical report required above. DTSC has requested that similar, but not identical, information be submitted as part of their inquiry into the system failure. We understand that MCTC has already submitted information that partially fulfills the request for information from DTSC. Those reports may be used to help fulfill the above request for information, provided that DTSC and RWQCB concur with those reports. Failure to provide the required information listed above by March 20, 2003 could result in an enforcement action, including an Administrative Civil Liability Complaint. Also, we are coordinating with the Department of Fish and Game on the follow-up to this incident, and additional enforcement actions could be implemented in the future. If you have any questions regarding this requirement or need additional information, you may contact Leslie Laudon at (916) 255-3422. rl L. -s ID LAIAL/�_ THOMAS R. PINKOS Executive Officer Enclosures: Regional Board Inspection Report, dated February 7, 2003 cc: Ms. Frances McChesney, Esq., Office of the Chief Counsel, Sacramento Mr. James Maughan, State Water Resources Control Board, Division of Water Quality, Sacramento Mr. Emmanual Mensah, Department of Toxic Substances Control, Sacramento Ms. Lori Oldfather, Department of Fish and Game, Stockton Mr. Raymond Von Flue, San Joaquin County Department of Environmental Health, Stockton Mr. Bill Jennings, DeltaKeeper, Stockton