SITE INFORMATION AND CORRESPONDENCE_CASE 2

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ADMINISTRATIVE CIVIL Lb�KLITY ORDER NO. R5-2005-0143 �.rr -2- CITY OF TRACY SAN JOAQUIN COUNTY National Ambient Water Quality Criteria for chlorine residual to prevent acute(lethal) effects to aquatic life is 0.019 mg/L, on a 1-hour average. The effluent had a concentration more than three hundred fifty (350)times the acute criterion. The discharge would have caused the receiving water to greatly exceed the acute criterion at the outfall, and potentially for a considerable distance downstream, because given the concentration of the effluent, it could not have mixed with the receiving water quickly enough to be diluted below the acute criterion. 7. The Discharger violated Standard Provision A.17 of Order No. 96-104, which states: "The discharger shall take all reasonable steps to minimize any adverse effects to waters of the State or users of those waters resulting from any discharge or sludge use or disposal in violation of this Order. Reasonable steps shall include such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge or sludge use or disposal." The Discharger failed to properly document the nature and impact of the chlorine release by not acting immediately after discovery of the release. a) The Discharger waited 13 hours after the release to visually inspect the receiving water; b) The Discharger waited 19 hours after the release to collect in-stream samples for total chlorine residual. 8. The discharge violated Provision F.1 and Standard Provision A.22 of Order No. 96-104, which require that neither the discharge nor its treatment shall create a nuisance or pollution as defined in CWC section 13050. The discharge of highly chlorinated effluent at levels that exceed the effluent limitations constitutes pollution. 9. CWC section 13385 states, in part: "(a) Any person who violates any of the following shall be liable civilly in accordance with this section: (1) Section 13375 or 13376. (2)Any waste discharge requirements...issued pursuant to this chapter..." "(5)Any requirements of Section 301, 302, 306, 307,308, 318,401, or 405 of the Clean Water Act, as amended". "(c) Civil liability may be imposed administratively by the state board or a regional board pursuant to Article 2.5 (commencing with Section 13323)of Chapter 5 in an amount not to exceed the sum of both of the following: . (1) Ten thousand dollars($10,000) for each day in which the violation occurs.