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California Regional Water Quality Control Board <br /> .. Central Valley Region 0 <br /> Karl E. Longley,ScD,PE,Chair <br /> Arnold <br /> Linda S.Adams 11020 Sun Center Drive 0200.Rancho Cordova,California 95670-6114 Schwarzenegger <br /> Secretaryfor Phone(916)464-3291 -FAX(916)464-4645 Governor <br /> Environmental hop://www waterboards.ca.gov/centralvalley <br /> Protection <br /> 16 March 2009 <br /> Mr. Steven Bayley CERTIFIED MAIL <br /> Deputy Director of Public Works 7008 1140 0002 8805 7500 <br /> City of Tracy <br /> 520 Tracy Boulevard <br /> Tracy, CA 95376 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2009-0520 FOR ASSESSMENT <br /> OF MANDATORY MINIMUM PENALTIES, CITY OF TRACY WASTEWATER TREATMENT <br /> PLANT, SAN JOAQUIN COUNTY <br /> Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to <br /> California Water Code (CWC) section 13385, for violations of Waste Discharge Requirements <br /> (WDRs) Order R5-2007-0036 and as amended by Resolution R5-2008-0014 (NPDES No. <br /> CA0079154) by the City of Tracy (Discharger). The Complaint charges the Discharger with <br /> civil liability in the amount of seventy-eight thousand dollars ($78,000), which represents the <br /> sum of accrued Mandatory Minimum Penalties for effluent limitation violations which occurred <br /> from 1 February 2008 through 31 December 2008. <br /> On 25 February 2009, Central Valley Water Board staff issued a draft Record of Violations <br /> (ROV). The Discharger responded on 9 March 2009, by telephone, and verified the violations. <br /> Pursuant to CWC section 13323, the Discharger may: <br /> • Pay the assessed civil liability and waive its right to a hearing before the Central Valley <br /> Water Board by signing the enclosed waiver (checking off the box next to item #4) and <br /> submitting it to this office by 15 April 2009, along with payment for the full amount; <br /> • Agree to enter into settlement discussions with the Central Valley Water Board and request <br /> that any hearing on the matter be delayed by signing the enclosed waiver (checking off the <br /> box next to item #5) and submitting both the waiver and either (a) a letter describing the <br /> issues to be discussed, or (b) a SEP proposal that contains the information described <br /> below to this office by 15 April 2009; or <br /> • Contest the Complaint and/or enter into settlement discussions with the Central Valley <br /> Water Board without signing the enclosed waiver. <br /> If the Discharger chooses to sign the waiver and pay the assessed civil liability, this will be <br /> considered a tentative settlement of the violations in the Complaint. This settlement will be <br /> California Environmental Protection Agency <br /> Of f f Recycled Paper <br />