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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2008-0606 MANDATORY PENALTY IN THE MATTER OF CITY OF STOCKTON REGIONAL WASTEWATER CONTROL FACILITY SAN JOAQUIN COUNTY This Complaint is issued to the City of Stockton (hereafter Discharger) pursuant to California Water Code (CWC) section 13385, which authorizes the imposition of Administrative Civil Liability, CWC section 13323, which authorizes the Executive Officer to issue this Complaint, and CWC section 7, which authorizes the delegation of the Executive Officer's authority to a deputy, in this case the Assistant Executive Officer. This Complaint is based on findings that the Discharger violated provisions of Waste Discharge Requirements (WDRs) Order 94-324 and R5-2002-0083 (NPDES No. CA0079138). The Assistant Executive Officer of the Central Valley Regional Water Quality Control Board (Central Valley Water Board) finds the following: 1. The Discharger owns and operates a wastewater collection, treatment, and disposal system, and provides sewerage service to the City of Stockton, the Port of Stockton, and surrounding urbanized County areas. Treated municipal wastewater is discharged through a single outfall to the San Joaquin River, a navigable water of the United States and part of the Sacramento-San Joaquin Delta. 2. On 28 October 1994, the Central Valley Water Board adopted WDRs 94-324 to regulate discharges of waste from the wastewater treatment plant. On 26 April 2002, the Board adopted WDRs Order R5-2002-0083, which contained new requirements and rescinded Order 94-324. On 26 April 2002, the Central Valley Water Board also adopted Cease and Desist Order (CDO) R5-2002-0084. This Order required the Discharger to comply with effluent ammonia limitations by 1 April 2007. 3. On 29 August 2008, Central Valley Water Board staff sent the Discharger a draft Record of Violations. The Discharger responded on 19 September 2008, and agreed with the record. 4. CWC sections 13385(h) and (i) require assessment of mandatory penalties and state, in part, the following: CWC section 13385(h)(1) states: Notwithstanding any other provision of this division, and except as provided in subdivisions 0), (k), and (1), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation.