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Eouuxo 0,Baowx JR, ."� ou-mo Water Boards Mn °.n,c.bx Central Valley Regional Water Quality Control Board 10 September 2013 Steve Bayley CERTIFIED MAIL Deputy Director Public Works 7013 1710 0002 3644 5644 City of Tracy 3900 Holly Drive Tracy, CA. 95304 ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2013-0566 FOR ASSESSMENT OF MANDATORY MINIMUM PENALTIES, CITY OF TRACY, TRACY WASTEWATER TREATMENT PLANT, SAN JOAQUIN COUNTY Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to California Water Code section 13385, for violations of Waste Discharge Requirements Orders R5-2007- 0036 and R5-2007-0036-01 (NPDES CA0079154) by the City of Tracy (Discharger) at its Tracy Wastewater Treatment Plant. The Complaint charges the Discharger with administrative civil liability in the amount of six thousand dollars ($6,000), which represents the sum of accrued Mandatory Minimum Penalties (MMPs) for the failure to timely submit a discharge monitoring report and effluent limit violations that occurred between 1 January 2009 and 31 May 2013. On 3 July 2013, Central Valley Water Board staff issued the Discharger a Notice of Violation and draft Record of Violations for effluent limitation violations that occurred between 1 January 2009 and 31 March 2013. On 26 July 2013, the Discharger responded and agreed with the violations except for the 25 March 2013 total chlorine residual violation. The Discharger requested that this violation be dismissed because the total chlorine residual value was calculated inaccurately. Board staff reviewed the supplemental information and agrees that the discharge was in compliance with the effluent limitation contained in the WDRs. Therefore, staff has removed the 25 March 2013 total chlorine residual violation. Pursuant to Water Code 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 8 October 2013, a hearing will be scheduled for the 5/6 December 2013 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 KARL E. LONGLEV SCD, P.E., CHAIR I PAMELA C. CREEDON P.E., SCEE, EXECUTIVE OFFICER 11020 Sun Center Drive 0200,Rancho Cordova,CA 95670 I www.waterboards.ca.gov/centr.lv.11ay R�i x[erelEo enren