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Mark J. Madison - 2 - 10 November 2008 <br /> If the Discharger chooses tt�-sign the waiver and pay the assessc,a civil liability, this will be <br /> considered a tentative settlement of the violations in the Complaint. This settlement will be <br /> considered final pending a 30-day period, starting from the date of this Complaint, during <br /> which time interested parties may comment on this action by submitting information to this <br /> office, attention Barry Hilton. Should the Central Valley Water Board receive new information <br /> or comments during this comment period, the Central Valley Water Board's Assistant <br /> Executive Officer may withdraw the complaint, return payment, and issue a new complaint. <br /> If the Central Valley Water Board does not receive a signed waiver within 30 days of the date <br /> of this Complaint (by 10 December 2008), then a hearing will be scheduled for the <br /> 5/6 February 2009 Central Valley Water Board meeting in Rancho Cordova. If a hearing on <br /> this matter is held, the Board will consider whether to issue, reject, or modify an Administrative <br /> Civil Liability Order based on the enclosed Complaint, or whether to refer the matter to the <br /> Attorney General for recovery of judicial civil liability. Modification of the proposed <br /> Administrative Civil Liability Order may include increasing the dollar amount of the assessed <br /> civil liability. Specific notice about this hearing and its procedures will be provided under <br /> separate cover. <br /> Any comments or evidence concerning the enclosed Complaint must be submitted to this <br /> office, attention Barry Hilton, no later than 5 p.m. on 10 December 2008. This includes <br /> material submitted by the discharger to be considered at a hearing and material submitted by <br /> interested parties, including members of the public, who wish to comment on the proposed <br /> settlement. If the Central Valley Water Board does not hold a hearing on the matter, and the <br /> terms of the final settlement are not significantly different from those proposed in the enclosed <br /> Complaint, then there will not be additional opportunities for public comment on the proposed <br /> settlement. Written materials received after 5 p.m. on 10 December 2008 will not be <br /> accepted and will not be incorporated into the administrative record if doing so would prejudice <br /> any party. <br /> If you have any questions or comments regarding the Administrative Civil Liability Complaint, <br /> please contact Barry Hilton at (916) 464-4762 or Patricia Leary at (916) 464-4623. <br /> WEND Y EL <br /> Environmental Program Manager <br /> Compliance and Enforcement Section <br /> Enclosure: ACLC R5-2008-0606 <br /> cc w/ encl: Ms. Pamela Creedon, Central Valley Water Board, Rancho Cordova <br /> Mr. Kenneth Greenberg, USEPA, Region 9, San Francisco <br /> Mr. Reed Sato, Office of Enforcement, SWRCB, Sacramento <br /> Mr. Patrick Pulupa, Office of Chief Counsel, SWRCB, Sacramento <br /> Ms. Lori Okun, Office of Chief Counsel, SWRCB, Sacramento <br /> Ms. Emel Wadhwani, Office of Chief Counsel, SWRCB, Sacramento <br /> Ms. Carol Oz, Department of Fish and Game, Region 2, Rancho Cordova <br /> San Joaquin County Environmental Health Department, Stockton <br /> Mr. Bill Jennings, California Sportfishing Protection Alliance, Stockton <br /> Mr. Daniel Cooper, Lawyers for Clean Water, Inc. <br /> Mr. Michael Lozeau, Lozeau Drury LLP <br />