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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2015-0539 -2- MANDATORY PENALTY MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT WASTEWATER TREATMENT PLANT SAN JOAQUIN COUNTY 6. This Complaint considers the interim effluent limitations and protection from Mandatory Minimum Penalties (MMPs) provided by TSOs R5-2007-0040, R5-2009-0013, R5-2012-0073, and R5- 2013-0005. 7. On 16 March 2009, the Executive Officer of the Central Valley Water Board issued Administrative Civil Liability Complaint (ACLC) R5-2009-0516 for MMPs for effluent violations (identified in Attachment A to ACLC R5-2009-0516) that occurred from 1 February 2008 through 31 December 2008. The Discharger paid the civil liability and the Board considers those effluent violations specifically listed in Attachment A to ACLC R5-2009-0516 to be resolved. 8. This Complaint addresses administrative civil liability for effluent violations that occurred during the period from 1 January 2009 through 30 June 2015. These violations are specifically identified in Attachment A to this Complaint as subject to MMPs. Attachment A to this Complaint is attached hereto and incorporated herein by this reference. 9. On 12 June 2015, Central Valley Water Board staff issued a draft Record of Violations (ROV) to the Discharger for the period from 1 January 2009 through 30 April 2015. On 17 July 2015, the Discharger responded to the ROV and agreed with the violations. This Complaint extends the ROV period through 30 June 2015; no additional violations were found. 10. Water Code section 13385 subdivision (h) and (i) require assessment of mandatory penalties and state, in part, the following: Water Code section 13385 subdivision (h)(1) states: Notwithstanding any other provision of this division, and except as provided in subdivisions Q), (k), and (1), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation. Water Code section 13385 subdivision (h)(2) states: For the purposes of this section, a "serious violation" means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group 11 pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more. Water Code section 13385 subdivision (i)(1) states, in part: Notwithstanding any other provision of this division, and except as provided in subdivisions Q), (k), and (1), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations: A) Violates a waste discharge requirement effluent limitation. B) Fails to file a report pursuant to Section 13260. C) Files an incomplete report pursuant to Section 13260.