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/'� California [&gional Water Quality Co40rol Board " °` <br /> ��� Central Valley Region ° <br /> Katherine Hart, Chair �°' <br /> 11020 Sun Center Drive,#200, Rancho Cordova,California 95670-6114 <br /> Linda S.Adams (916)464-3291 • FAX(916)464-4645 Edmund G.Brown Jr. <br /> Acting Secretary forerboards.ca.gov/oentralvalley Governor <br /> R <br /> Environmental Protection VED <br /> 14 March 2011 MAR 16 4[11) <br /> ENVIRONMENTAL >-'�aLTH <br /> PERw"'TlSc.h'VIC�; <br /> Mr. Daniel McGrade CERTIFIED MAIL <br /> -SPX Corporation 7010 0290 0000 8536 0133 <br /> 13515 Ballantyne Corporate Place <br /> Charlotte, NC 28277 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2011-0523 FOR ASSESSMENT OF <br /> MANDATORY MINIMUM PENALTIES, SPX COOLING TECHNOLOGIES (FORMER <br /> MARLEY COOLING TOWER FACILITY), SAN JOAQUIN COUNTY <br /> Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to <br /> California Water Code section 13385, for violations of Waste Discharge Requirements <br /> (WDRs) and Monitoring and Reporting Programs (MRP) R5-2003-0030, and Order R5-2008- <br /> 0170 (NPDES No. CA0081787) by the SPX Cooling Technologies (Discharger) from its <br /> Groundwater Extraction and Treatment System (GETS) at the site. The Complaint charges <br /> the Discharger with administrative civil liability in the amount of twelve thousand dollars <br /> ($12,000), which represents the sum of accrued Mandatory Minimum Penalties for effluent <br /> limitation violations (identified in Attachment A of the Complaint) that occurred from 1 May <br /> 2008 through 31 December 2010. <br /> On 4 February 2011, Central Valley Water Board staff issued a draft Record of Violations <br /> (ROV). The Discharger did not provide any comments however, on 4 February 2011 <br /> discharger's consultant responded via E-mail and agreed with the violations. <br /> Pursuant to CWC section 13323, the Discharger may: <br /> • Pay the proposed administrative civil liability and waive its right to a hearing (Option #1 <br /> on the attached waiver form); <br /> • Ask that the hearing be postponed to facilitate settlement discussions or for other <br /> reasons (Options #2 or#3 on the attached waiver form); or <br /> ■ Contest the Complaint and/or enter into settlement discussions without signing the <br /> enclosed waiver. <br /> If the Central Valley Water Board does not receive a signed waiver by 13 April 2011, a <br /> hearing will be scheduled for the 8/9/10 June 2011 Board meeting in Rancho Cordova. This <br /> hearing will be governed by the attached Hearing Procedures, which have been approved by <br /> the Board Chair for use in adjudicating matters such as this one. Any objections to the Hearing <br /> Procedures must be received by David Coupe, whose contact information is listed in the <br /> Hearing Procedures, by 5 p.m. on 28 March 2011. <br /> California Environmental Protection Agency <br /> >ZaRecycled Paper <br />