SITE INFORMATION AND CORRESPONDENCE_CASE 2

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ADMINISTRATIVE CIVII,tIABILITY COMPLAINT NO. R5-2004-0528 2 CITY OF TRACY WWTP SAN JOAQUIN COUNTY 3. Order No. 96-104 includes, in part, the following effluent limitations: EFFLUENT LIMITATIONS: 1. Effluent shall not exceed the following limits: 30-Day 7-Day 30-Day Daily Constituents Units Average Average Median Maximum BOD mg/I 20 40 50 Total Suspended mg/1 20 40 50 Matter Settleable Matter mIA 0.1 0.2 Total Coliform MPN/100m1 23 500 2. The discharge shall not have a pH less than 6.5 nor greater than 8.5. 4. According to monitoring reports submitted by the Discharger between 1 January 2000 and 31 December 2002,the Discharger had a total of 7 violations of effluent limitations that were considered non-serious violations (BOD and total suspended solids). However, four(4) of the violations are exempt from the mandatory minimum penalty under CWC Section 13385(1) (i.e. fall under the category of first three violations in any six consecutive month period). The amount of the mandatory penalty for the remaining 3 non-serious violations is therefore $9,000. 5. The total amount of the mandatory penalty is $9,000. 6. Issuance of this complaint 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, Section 15321 (a)(2) ("Enforcement Actions by Regulatory Agencies"). THE CITY OF TRACY IS HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes that the Discharger be assessed a Mandatory Penalty in the amount of$9,000. 2. A hearing shall be held by the Regional Board, unless the Discharger agrees to waive the hearing and pay the mandatory penalty of$9,000 in full. 3. The Discharger may waive the right to a hearing. If the Discharger chooses to waive the hearing, the Discharger must complete and sign the attached waiver and return it and a check