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Californiaoegional Water Quality Cetrol Board Central Valley Region Katherine Hart, Chair >,. 11020 Sun Center Drive,#200,Rancho Cordova,California 95670-6114 Linda S.Adams (916)464-3291 •FAX(916)464-4645 Edmund G.Brown Jr. Acting Secretary for http://www.waterboards,ca.gov/centralvalley Governor Environmental Protection � „B 'VED 6 May 2011 9 MAY 0 9 2011 ENVIRONMENTAL HEALTH Robert Mentelos PERMrr/SEFMCES CERTIFIED MAIL Plant Manager 7010 1670 0002 0652 6058 Penny-Newman Grain Company 1805 Harbor Road Stockton, CA 95203 ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2011-0574 FOR ASSESSMENT OF MANDATORY MINIMUM PENALTIES, PENNY-NEWMAN GRAIN COMPANY, HYDROSTATIC TEST PROJECT, SAN JOAQUIN COUNTY Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to California Water Code section 13385, for violations of Waste Discharge Requirements (WDRs) Order R5-2008-0081-001 (NPDES No. CAG995001) by the Penny-Newman Grain Company (Discharger) from its Hydrostatic Test Project. The Complaint charges the Discharger with administrative civil liability in the amount of three thousand dollars ($3,000), which represents the sum of accrued Mandatory Minimum Penalties for violations related to failure to submit a discharge monitoring report required by the WDRs (as identified in Attachment A of the Complaint). On 1 April 2011, Central Valley Water Board staff issued a draft Record of Violations (ROV). On 20 April 2011, the Discharger's consultants responded by e-mail and indicated willingness by the Discharger to pay the mandatory penalty. Pursuant to CWC section 13323, the Discharger may: • Pay the proposed administrative civil liability and waive its right to a hearing (Option #1 on the attached waiver form); • Ask that the hearing be postponed to facilitate settlement discussions or for other reasons (Options #2 or#3 on the attached waiver form); or • Contest the Complaint and/or enter into settlement discussions without signing the enclosed waiver. If the Central Valley Water Board does not receive a signed waiver by 6 June 2011, a hearing will be scheduled for the 31415 August 2011 Board, meeting in Rancho Cordova. This hearing will be governed by the attached Hearing Procedures, which have been approved by the Board Chair for use in adjudicating matters such as this one. Any objections to the Hearing Procedures must be received by David Coupe, whose contact information is listed in the Hearing Procedures, by 5 p.m. on 20 May 2011. California Environmental Protection Agency ��Recycled Paper