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Californi�egional Water Quality Cotool Board <br /> Central Valley Region • ,�. <br /> Karl E.Longley,SCD, P.E.,Chair D ���� <br /> Linda S.Adams LJ <br /> Secretaryfor 11020 Sun Center Drive#2O0,Rancho Cordova.California 1,2r Arnold <br /> Environmental F. Phone(916)464-3291 PAX(916)464-4645 NOVq Schwarzenegger <br /> Protection - htlp:l/www.waterboards.ca.gov/ccntralvallev V N © 2008 Governor <br /> VIRONMENT <br /> 17 November 2008 ENPERMIT/SERVICES HEALTH <br /> Mr. Daniel McGrade CERTIFIED MAIL <br /> SPX Corporation, SPX Cooling Technologies 7007 2560 0001 6522 9202 <br /> 13515 Ballantyne Corporate Place <br /> Charlotte, NC 28277 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5.2008-0614 FOR ASSESSMENT <br /> OF 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 (CWC) section 13385, for violations of Waste Discharge Requirements <br /> (WDRs) Order No. R-5-2003-0030 by SPX Cooling Technologies (Discharger). The Complaint <br /> charges the Discharger with civil liability in the amount of thirty three thousand dollars <br /> ($33,000), for Mandatory Minimum Penalties for effluent limitation violations that occurred from <br /> 1 January 2000 through 30 April 2008. <br /> On 8 September 2008, the California Regional Water Quality Control Board, Central Valley <br /> Region (Regional Water Board) sent the Discharger a draft Record of Violations (ROV) for the <br /> period of 1 January 2000 through 30 April 2008. The Discharger did not provide any <br /> comments. <br /> Pursuant to CWC section 13323, the Discharger may: <br /> • Pay the assessed civil liability and waive its right to a hearing before the Regional Water <br /> Board by signing the enclosed waiver (checking off the box next to item #4) and submitting <br /> it to this office by 17 December 2008, along with payment for the full amount; <br /> • Agree to enter into settlement discussions with the Regional Water Board and request that <br /> any hearing on the matter be delayed by signing the enclosed waiver (checking off the box <br /> next to item #5) and submitting both the waiver and a letter describing the issues to be <br /> discussed to this office by 17 December 2008; or <br /> • Contest the Complaint and/or enter into settlement discussions with the Regional Water <br /> Board without signing the enclosed waiver. <br /> If the Discharger chooses to sign the waiver and pay the assessed civil liability, this will be <br /> considered a tentative settlement of the violations in the Complaint. This settlement will be <br /> considered final pending a 30-day period, starting from the date of this Complaint, during <br /> which time interested parties may comment on this action by submitting information to this <br /> office, attention Siddharth Sewalia. Should the Regional Water Board receive new information <br /> or comments during this comment period, the Regional Water Board's Assistant Executive <br /> Officer may withdraw the complaint, return payment, and issue a new complaint. <br /> California Environmental Protection Agency <br /> C. Req clod Paper <br /> i <br />