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CALIFORNIA EGIONAL WATER QUALITY CONgOL BOARD CENTRAL VALLEY REGION ADMINISTRATIVE CIVIL LIABILITY ORDER R5-2009-0506 MANDATORY PENALTY IN THE MATTER OF SPX CORPORATIONS, SPX MARLEY COOLING TECHNOLOGIES GROUNDWATER EXTRACTION AND TREATMENT SYSTEM SAN JOAQUIN COUNTY This Administrative Civil Liability Order (Order) is issued to the SPX Corporations, SPX Marley Cooling Technologies (hereafter Discharger) pursuant to California Water Code (CWC) section 13385. This Order is based on findings that the Discharger violated provisions of Waste Discharge Requirements (WDRs) Order R5-2003-0030- The Executive Officer of the Central Valley Regional Water Quality Control Board (Central Valley Water Board) finds the following: 1. The Discharger owns and previously operated a cooling tower fabrication plant at 150 North Sinclair Avenue in the East Stockton Area of San Joaquin County (Site). As part of the fabrication operations, the Discharger operated a wood preservation process utilizing solutions containing copper, chromium and arsenic. Wood processing was discontinued at the Site in January 1991; however past operational practices left waste constituents in soils and groundwater underlying the Site. The discharger owns and operates a Groundwater Extraction and Treatment System (GETS) at the Site. The GETS consists of a treatment plant with an electrochemical unit operating in parallel to an ion exchange unit that removes chromium from the extracted water. Up to 0.94 million gallons per day (mgd) of treated water is discharged to the Stockton Diverting Canal, a tributary to the Calaveras River, under current NPDES order R5-2007-0170, which was issued on 24 October 2008. The Stockton Diverting Canal and Calaveras River are waters of the United States. 2. On 25 January 2008, the Central Valley Water Board issued Time Schedule Order R5- 2008-0011 to regulate discharges of treated groundwater from the GETS. 3. On 17 November 2008, the Assistant Executive Officer issued Administrative Civil Liability Complaint R5-2008-0614 in the amount of thirty three thousand ($33,000) for Mandatory Minimum Penalties (MMPs). After consideration of additional information submitted by the Discharger, this Order adjusts the amount of violations subject to MMPs. The adjustments are included as Attachment A to this Order and discussed in Finding No.8 of this Order. 4. CWC sections 13385(h) and (i) require assessment of mandatory penalties and state, in part, the following: CWC section 13385(h)(1) states: