SITE INFORMATION AND CORRESPONDENCE_CASE 2

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ADMINISTRATIVE CIVIL LD6ILITY-ORDER NO. R5-2005-0143 -3- CITY OF TRACY SAN JOAQUIN COUNTY (2) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied by the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons". "(e) In determining the amount of any liability imposed under this section,the regional board, the state board, or the superior court, as the case may be, shall take into account the nature, circumstances, extent, and gravity of the violation or violations,whether the discharge is susceptible to cleanup or abatement,the degree of toxicity of the discharge, and, with respect to the violator,the ability to pay,the effect on its ability to continue its business, any voluntary cleanup efforts undertaken, any prior history of violations,the degree of culpability, economic benefit or savings, if any,resulting from the violation, and other matters that justice may require. At a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation". 10. The violation of Effluent Limitations B.1,for chlorine residual, is subject to mandatory minimum penalties pursuant to CWC section 13385(h). However, due to the severity of the violation a more substantial liability was imposed considering the State Water Resources Control Board's Water Quality Enforcement Policy and the factors in Water Code section 13385(e). 11. The mandatory minimum penalty applicable to this discharge is $3,000. The maximum statutory liability is $5,850,000 ($10,000 for each day of violation plus approximately $5,840,000; $10 times 584,000 gallons). 12. The Regional Board determined, with respect to the factors in Finding 9, the following: Nature of violation: The SO2 feed system failed, allowing approximately 585,000 gallons of highly chlorinated effluent to be discharged to Old River, which is acutely toxic to aquatic organisms. The magnitude of the release could have been significantly reduced or avoided if the Wastewater Treatment Plant utilized adequate controls or redundancy to prevent the release of chlorinated effluent. Other violations resulted from failing to provide proper notification of the discharge or monitoring of the impacts. Circumstances: The Discharger reported that the SO2 feed system failure went undetected for approximately 95 minutes, during which the Wastewater Treatment Plant discharged highly chlorinated effluent. The on-duty operator discovered the SO2 feed system malfunction during routine 2-hour rounds and immediately restored SO2 flow to the plant effluent. The Discharger failed to maintain adequate controls or redundancy to prevent this release of chlorinated effluent. The Discharger also failed to maintain adequate standard operating procedures and emergency/contingency plans for responding to the release of highly chlorinated effluent. The Discharger did not adequately respond to the violation by