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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2004-0528 MANDATORY PENALTY IN THE MATTER OF CITY OF TRACY WASTEWATER TREATMENT PLANT SAN JOAQUIN COUNTY This Complaint to assess Mandatory Penalties pursuant to California Water Code (CWC) Section 13385(h) and/or(i) is issued to the City of Tracy(hereafter Discharger)based on a finding of violations of Waste Discharge Requirements Order No. 96-104 (NPDES No. CA0079154). The Executive Officer of the Central Valley Regional Water Quality Control Board (Regional Board) finds the following: 1. CWC Section 13385(h) and (i)requires assessment of mandatory penalties and states, in part, the following: CWC Section 13385(h)(1)requires the Regional Board to assess a mandatory penalty of three thousand dollars ($3,000) for each serious violation. CWC Section 13385 (h)(2) states for purposes of this section, a"serious violation"means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group H pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more. CWC Section 13385(i)(1)requires the Regional Board to assess a mandatory penalty of three thousand dollars ($3,000) for each violation,not counting the fust three violations, if the discharger does any of the following four or more times in any period of six consecutive months. 1. Violates a waste discharge requirement effluent limitation. 2. Fails to file a report pursuant to Section 13260. 3. Files an incomplete report pursuant to Section 13260. 4. Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge requirements do not contain pollutant- specific effluent limitations for toxic pollutants. 2. On 3 May 1996,the Regional Board adopted Waste Discharge Requirements Order No. 96-104 (NPDES No. CA0079154) for the City of Tracy to regulate discharges of waste from the Wastewater Treatment Plant.