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ADMINISTRATIVE 0 eM LIABILITY COMPLAINT NO.R5-20*05003_
<br /> CITY OF TRACY
<br /> SAN JOAQUIN COUNTY
<br /> "(5)Any requirements of Section 301, 302, 306, 307,308, 318, 401, or 405 of the
<br /> Clean Water Act, as amended".
<br /> "(c) Civil liability may be imposed administratively by the state board or a regional board
<br /> pursuant to Article 1.5 (commencing with Section 13323) of Chapter 5 in an amount not to
<br /> exceed the sum of both of the following:
<br /> "(1) Ten thousand dollars ($10,000)for each day in which the violation occurs.
<br /> "(2) Where there is a discharge, any portion of which is not susceptible to cleanup
<br /> or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000
<br /> gallons, an additional liability not to exceed ten dollars ($10) multiplied by the
<br /> number ofgallons by which the volume discharged but not cleaned up exceeds
<br /> 1,000 gallons".
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<br /> "(e) In determining the amount of any liability imposed under this section, the regional
<br /> board, the state board, or the superior court, as the case may be, shall take into account
<br /> the nature, circumstances, extent, and gravity of the violation or violations, whether the
<br /> discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge,
<br /> and, with respect to the violator, the ability to pay, the effect on its ability to continue its
<br /> business, any voluntary cleanup efforts undertaken, any prior history of violations, the
<br /> degree of culpability, economic benefit or savings, if any, resulting from the violation, and
<br /> other matters that justice may require. At a minimum, liability shall be assessed at a level
<br /> that recovers the economic benefits, if any, derived from the acts that constitute the
<br /> violation".
<br /> 10. The Discharger derived an economic benefit from the acts that constitute the violation,
<br /> which is estimated to be not less than $10,000. The Discharger failed to include necessary
<br /> safety measures and redundant systems to prevent or minimise the release of chlorinated
<br /> effluent, which is highly toxic. The maximum statutory liability is $5,850,000 ($10,000 for
<br /> each day of violation plus approximately$5,840,000; $10 times 584,000 gallons).
<br /> 11. The violation of Effluent Limitations B.1, for chlorine residual, is subject to mandatory
<br /> minimum penalties pursuant to CWC Section 13385(h). However, due to the severity of
<br /> the violation a more substantial penalty was calculated using the State Water Resources
<br /> Control Board's Water Quality Enforcement Policy.
<br /> 12. Issuance of this Administrative Civil Liability Order to enforce CWC Division 7, Chapter
<br /> 5.5 is exempt from the provisions of the California Environmental Quality Act (Public
<br /> Resources Code Section 21000, et. seq.), in accordance with Title 14 California Code of j
<br /> Regulations,Enforcement Actions by Regulatory Agencies, Section 15321(a)(2).
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