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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2015-0539 -3- MANDATORY PENALTY MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT WASTEWATER TREATMENT PLANT SAN JOAQUIN COUNTY D) Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge requirements do not contain pollutant-specific effluent limitations for toxic pollutants. 11. Water Code section 13323 states, in part: Any executive officer of a regional board may issue a complaint to any person on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability. 12. WDRs Order R5-2007-0039 Effluent Limitations IV.A.1.e. includes, in part, the following effluent limitations: e. Total Coliform Organisms: Effluent total coliform organisms concentrations shall not exceed the following: i. 2.2 MPN/100 mL as seven-day median based upon the last seven days; ii. 23 MPN/100 mL more than once in any 30-day period; and iii. 240 MPN/100 mL at any time. 13. WDRs Order R5-2013-0004-01 contains Final Effluent Limitations [V.A.1.a, which include, in part, the following effluent limitation: Parameter Units Effluent Limitations Average Maximum Monthly Dail Ammonia Nitrogen, Total (as N) m /L 0.8 2.1 lbs/day20 52 1. Based upon an average dry weather flow of 3.0 MGD 14. According to the Discharger's self-monitoring reports, the Discharger committed twelve (12) serious Group I violations of the above effluent limitations contained in WDRs Orders R5-2007- 0039 and R5-2013-0004-01 during the period of 1 January 2009 through 30 June 2015, as identified in Attachment A. These violations are defined as serious because measured concentrations of Group I constituents exceeded maximum prescribed levels in the WDRs by 40 percent or more. The mandatory minimum penalty for these violations is thirty six thousand dollars ($36,000). 15. According to the Discharger's self-monitoring reports, the Discharger committed two (2) non- serious violations of the above effluent limitations contained in WDRs Orders R5-2007-0039 and R5-2013-0004-01 during the period beginning 1 January 2015 and ending 30 June 2015, as identified in Attachment A. One of these two non-serious violations is subject to MMPs under Water Code section 13385(i)(1) because this violation was preceded by three or more similar violations within a 180-day period. The mandatory minimum penalty for this non-serious violation is three thousand dollars ($3,000). 16. The total amount of the mandatory penalty assessed for the cited effluent violations is thirty nine thousand dollars ($39,000). As stated herein, a detailed list of the cited effluent violations is included in Attachment A. This Complaint addresses administrative civil liability for violations that are specifically identified in Attachment A as subject to mandatory minimum penalties.