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' ACL Order R5-2009-0506 Mandatory Penalties • 3 SPX Corporations, SPX Marley Co ing Technologies San Joaquin County According to the Discharger's self-monitoring reports, the Discharger committed six (6) non-serious violations of the above effluent limitations contained in WDRs Order R5- 2003-0030 during the period beginning 1 January 2000 through 30 April 2008. Attachment A to this Order is the final Record of Violations that identifies six serious violations that are subject to MMPs under CWC section 13385(i)(1) because these violations were preceded by three or more similar violations within a six-month period. 7. The total sum of the MMPs for the six serious effluent limitation violations is eighteen thousand dollars ($18,000). 8. As described in the technical memorandum mentioned in Finding No. 3, Central Valley Water Board staff made the following adjustments to the draft Record of Violations (all violation numbers reference those contained in the draft Record of Violations). • Copper Violations 5,7,9,11,13. The Discharger presented evidence that, for these violations, 4 to 5 samples were collected per month which, when averaged, would lower the monthly average below the monthly limit. After recalculation, these entries were no longer violations, and are not subject to MMPs. 9. Issuance of this Administrative Civil Liability Order to enforce CWC Division 7, Chapter 5.5 is exempt from the provisions of the California Environmental Quality Act (Public Resources Code section 21000 et seq.), in accordance with California Code of Regulations, title 14, section 15321(a)(2). 10. On 15 March 2007, the Central Valley Water Board explicitly delegated to the Executive Officer the authority to issue orders to assess administrative civil liability where the matter is not contested by the discharger. (Resolution R5-2007-0009). 11. This Order constitutes a settlement of the violations cited herein. Notice of this settlement was published in Stockton Record on 6 March 2009. A 30-day period was provided for interested parties to comment on this action by 5 April 2009. During this period, no significant comments were received which would have caused the Regional Water Board to reconsider this action and therefore the Regional Water Board has finalized this Order. SPX CORPORATIONS, SPX MARLEY COOLING TECHNOLOGIES IS HEREBY GIVEN NOTICE THAT: 1. The Discharger is assessed an Administrative Civil Liability in the amount of eighteen thousand dollars ($18,000). 2. The Discharger will remit payment for the civil liability imposed by check, which contains a reference to "ACL Complaint No. R5-2009-0506" and is made payable to the "State Water Pollution Cleanup and Abatement Account." The Regional Water Board must receive payment within 30 days of issuance of this order.