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Walter Galacki - 2 - 6 November 2017 U.S. EPA further defines an "exceptional" incident to include such things as an upset caused by a sudden violent storm, some other exceptional event, or a bursting tank. Because only one parameter violated effluent limitations and the violation was not caused by an exceptional event, Regional Board staff concludes that the chromium VI effluent violation is subject to MMPs. In addition, the Discharger allegedly violated the effluent limitations for chromium VI on five more occasions during the period cited in the Complaint. 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); • Ask that the hearing be postponed to facilitate settlement discussions or for other reasons (Options #2 or#3 on the attached waiver form), or • Contest the Complaint and/or enter into settlement discussions without signing the enclosed waiver. If the Central Valley Water Board does not receive a signed waiver by 4 December 2017, a hearing will be scheduled for the 1/2 February 2018 Board meeting in Rancho Cordova. This hearing will be governed by the attached Hearing Procedures, which have been approved by the Board Chair for use in adjudicating matters such as this one. Any objections to the Hearing Procedures must be received by Stephanie Yu, whose contact information is listed in the Hearing Procedures, by 5 p.m. on 17 November 2017. If the Discharger chooses to sign the waiver and pay the assessed civil liability, this will be considered a tentative settlement of the violations. The settlement will be considered final pending a 30-day comment period, starting from the date this Complaint is issued. Interested parties may comment on the proposed action during this period by submitting written comments to the Central Valley Water Board staff person listed below. Should the Central Valley Water Board receive new information or comments during this comment period, the Assistant Executive Officer may withdraw the complaint, return payment, and issue a new complaint. If the Central Valley Water Board does not hold a hearing on the matter, and if the terms of the final settlement are not significantly different from those proposed in the enclosed Complaint, then there will not be additional opportunities for public comment on the proposed settlement. In order to conserve resources, this letter transmits paper copies of the documents to the Discharger only. Interested persons may download the documents from the Central Valley Water Board's Internet website at: http://www.waterboards.ca.gov/centralvalley/tentative—Orders/. Copies of these documents can also be obtained by contacting or visiting the Central Valley Water Board's office weekdays between 8:00 AM and 5:00 PM. If you have any questions or comments regarding the Administrative Civil Liability Complaint, please contact Siddharth Sewalia at (916) 464-4658 or ssewalia(a)waterboards.ca.00v or Kari Holmes at (916) 464-4623 or kari.holmes(awaterboards.ca.00v. KAn[ E. Lomc[Ev SCD, P.E. c11111 I PAMELA C. CREEDON P.E., 6CEE. [xmonv[ornccc 11020 Sun Cemt r Dnve#200.Rancho Cortlove,CA 9.5670 www watarboarda.ca.govicentrarvalleti 4i neo,C,—--