SITE INFORMATION AND CORRESPONDENCE_CASE 2

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ADMII IISTRATIVE CIVIL LIABILITY ORDER NO.R5-2005-0143 -6- CITY OF TRACY SAN JOAQUIN COUNTY 14. On 24 January 2005, the Discharger waived its right to a hearing within 90-days in order to engage in settlement discussions. After unsuccessful settlement negotiations,the Discharger submitted a letter on 6 May 2005 requesting a hearing. 15. On 16 September 2005 the Regional Board held a hearing to consider the assessment of dministrative civil liability and adoption of a tentative ACL order, which proposed administrative civil liability in the amount of$120,000. The Regional Board concluded that it was appropriate, after considering the factors in California Water Code section 13385,to assess civil liability in the amount of$80,000. The Regional Board also concluded that 50 percent of the assessed civil liability could be expended on a supplemental environmental project(SEP). 16. The Discharger proposed a SEP for a riparian habitat restoration project with a total budget of$40,000 that will be implemented by River Partners. The proposed SEP compliments a large riparian and wetland habitat restoration project funded by the Department of Water Resources Flood Protection Corridor Program. The goals of the overall project include restoring riparian vegetation and creating wetland habitat for a variety of threatened and endangered species,reducing risks of fish entrapment, and enhancing the flood corridor. The proposed SEP involves planting wildlife habitat on the west side of the abandoned/ decommissioned Army Corps of Engineers levees on the Vierra Unit of the San Joaquin River National Wildlife Refuge. Details of the SEP proposal are provided in Attachment A, a part of this Order. 17. Issuance of this Administrative Civil Liability Order to enforce CWC Division 7, Chapter 5.5 is exempt from the provisions of the California Environmental Quality Act (Public Resources Code section 21000, et. seq.), in accordance with Title 14 California Code of Regulations, Enforcement Actions by Regulatory Agencies, section 15321(a)(2). 18. Any person affected by this action of the Regional Board may petition the State Water Resources Control Board (State Board) to review this action in accordance with section 2050 through 2058, Title 23, California Code of Regulations. The petition must be received by the State Board within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions may be found at the State Board web site located at http://www.waterboards.ca.gov/wgpetitions/wgpetition_instr.htmi. IT IS HERBY ORDERED that the Discharger shall pay an administrative civil liability in the amount of$80,000 as follows: 1. Within 30 days of adoption of this Order,the Discharger shall pay $40,000 by check, which contains a reference to "ACL Order No. R5-2005-0143" and is made payable to the State Water Pollution Cleanup and Abatement Account. 2. Within 30 days of adoption of this Order, the Discharger shall provide $40,000 to River Partners to implement the supplemental environmental project(SEP) described in