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California 1gional Water Quality Coarol Board Central Valley Region Katherine Hart, Chair 11020 Sun Center Drive,#200,Rancho Cordova,California 95670-6114 Linda S.Adams (916)464-3291 • FAX(916)464-4645CE�� 'G.PBrown Jr. Acting Secretary for http://www.waterboards.ca.gov/centralvalley K G Govemor ^E Environmental Protection 111 ��, MAR % 6 1 �t11 23 March 2011 1 pONM` 1ALHEAL E polm"IbIL, OES Mr. Daniel McGrade CERTIFIED MAIL SPX Corporation 7010 0290 0000 8536 0140 13515 Ballantyne Corporate Place Charlotte, NC 28277 REVISED ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2011-0523 FOR ASSESSMENT OF MANDATORY MINIMUM PENALTIES, SPX COOLING TECHNOLOGIES (FORMER MARLEY COOLING TOWER FACILITY), SAN JOAQUIN COUNTY Enclosed is a Revised Administrative Civil Liability Complaint (Complaint), issued pursuant to California Water Code section 13385, for violations of Waste Discharge Requirements (WDRs) and Monitoring and Reporting Programs (MRP) R5-2003-0030, and Order R5-2008- 0170 (NPDES No. CA0081787) by the SPX Cooling Technologies (Discharger) from its Groundwater Extraction and Treatment System (GETS) at the site. The Complaint charges the Discharger with administrative civil liability in the amount of nine thousand dollars ($9,000), which represents the sum of accrued Mandatory Minimum Penalties for effluent limitation violations (identified in Attachment A of the Complaint) that occurred from 1 May 2008 through 31 December 2010. On 4 February 2011, Central Valley Water Board staff issued a draft Record of Violations (ROV). The Discharger did not provide any comments however, on 4 February 2011 discharger's consultant responded via E-mail and agreed with the violations. On 14 March 2011, Administrative Civil Liability Complaint R5-2011-0523 was issued for the amount of$12,000. The Discharger's consultant responded and identified that the monthly average of two copper effluent values from November 2008 was 3.45 pg/L, which is less than 3.96 pg/L (i.e., 20% above the copper limit of 3.3 pg/L) and therefore is not a Group II serious violation and should not be subject to minimum penalties. The Regional Water Board staff concurs with the finding, and has revised the Administrative Civil Liability Complaint R5-2011-0523 to delete the 30 November 2008 violation. The penalty amount is now $9,000. Pursuant to CWC section 13323, the Discharger may: • Pay the proposed administrative civil liability and waive its right to a hearing (Option #1 on the attached waiver form); California Environmental Protectior Agency ORecycled Paper