SITE INFORMATION AND CORRESPONDENCE_CASE 2

Home Browse Search

ADMINISTRATIVE CIVIL LbumurY COMPLAINT NO.R5-2005-0500` -4- i CITY OF TRACY SAN JOAQUIN COUNTY THE CITY OF TRACY IS HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes to assess Administrative Civil Liability in the amount of one hundred twenty thousand dollars ($120,000),which would recover the economic benefit derived from the acts that constitute the violation and would recover Regional Board staff costs. The amount of the liability proposed is based upon a review of the factors cited in CWC Section 13385 and the State Water Resources Control Board's Water Quality Enforcement Policy. 2. A hearing on this matter will be held at the Regional Board meeting scheduled on 10-11 March 2005, unless the Discharger agrees to: a. Waive the hearing and pay the proposed civil liability in full; or b. Waive the right to a hearing in 90 days, and submit a settlement proposal within 30 days of the date of this Complaint that includes an agreement to conduct a Supplemental Environmental Project(SEP) and also includes payment of monetary liability. The Discharger may preserve its right to a hearing pending approval of the settlement proposal. 3. If a hearing on this matter is held, the Regional Board will consider whether to affirm, reject, or modify the proposed Administrative Civil Liability, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. 4. The Discharger may waive the right to a hearing. If you wish to waive the hearing, within 30 days of the date of this complaint, sign and return the waiver to the Regional Board's office with a check in the amount of the civil liability made payable to the"State Water Resources Control Board Cleanup and Abatement Account." Any waiver will not be effective until 30 days from the date of this complaint to allow interested persons to comment on this action. F� THOMAS R. PINKOS, Executive Officer S QvL", C) 5 Date