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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2004-0530 -4- CALIFORNIA DEPARTMENT OF CORRECTIONS DEUEL VOCATIONAL INSTITUTION SAN JOAQUIN COUNTY 14. Cease and Desist Order No. R5-2003-0066 was adopted on 25 April 2003,which includes a time schedule to comply with Effluent Limitation B.8 of Order No. R5-2003-0065 by 1 December 2004. CWC Section 133850)(3) states that Sections 13385(h) and(i) do not apply to violations of effluent limitations where the waste discharge is in compliance with a cease and desist order issued pursuant to Section 13301, as long as all of the requirements specified in CWC Sections 133850)(3)(A), (B), (C), and (D) are met. The previous permit for this facility, Order No. 94-212, also contained an average flow limitation of 0.62 million gallons per day. Therefore, the requirement specified in Section 133850)(3)(B)is not met, and CWC Sections 13385(h) and(i) apply. 15. Bromodichloromethane (BDCM) is a Group If pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations. 16. According to monitoring reports submitted between 14 June 2003 and 31 May 2004, the Discharger committed one(1) serious and seven (7) non-serious violations. During this period,the Discharger exceeded the monthly average oil and grease effluent limitation two (2) times (both non-serious violations), exceeded the daily maximum total coliform organisms effluent limitation one(1) time(a non-serious violation), exceeded the maximum daily effluent limitation for BDCM one(1)time (a serious violation), and exceeded the monthly average effluent flow limitation four(4) times (all non-serious violations). A detailed list of all violations is included in Attachment A, a part of this complaint. Since the period of six consecutive months [as defined in CWC Section 13385(i)(2)] is continued from the previous Order, the serious violation and five (5) of the seven(7) non-serious violations are subject to Mandatory Minimum Penalties authorized pursuant to CWC Section 13385(h) and(i). 17. The total amount of the mandatory penalty for violations of WDR Order No. R5-2003-0065 is $18,000 [(1 serious violation x $3,000) +(5 non-serious violations x $3,000)]. 18. Therefore, the total amount of the mandatory penalties for both WDR Order No. 94-212 and R5-2003-0065 is $114,000 ($96,000+$18,000). 19. Issuance of this Complaint is exempt from the provisions of the California Environmental Quality Act(Public Resources Code Section 21000, et seq.), in accordance Title 14, California Code of Regulations Section 15321(a)(2) ("Enforcement Actions by Regulatory Agencies"). THE CALIFORNIA DEPARTMENT OF CORRECTIONS 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$114,000.