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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2008-0606 -2- <br /> MANDATORY PENALTY <br /> CITY OF STOCKTON REGIONAL WASTEWATER CONTROL FACILITY <br /> SAN JOAQUIN COUNTY <br /> CWC section 13385 (h)(2) states: <br /> For the purposes of this section, a "serious violation" means any waste discharge that <br /> violates the effluent limitations contained in the applicable waste discharge <br /> requirements for a Group II pollutant, as specified in Appendix A to Section 123.45 of <br /> Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I <br /> pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of <br /> Federal Regulations, by 40 percent or more. <br /> CWC section 13385(1)(1) states: <br /> Notwithstanding any other provision of this division, and except as provided in <br /> subdivisions 0), (k), and (1), a mandatory minimum penalty of three thousand dollars <br /> ($3,000) shall be assessed for each violation whenever the person does any of the <br /> following four or more times in any period of six consecutive months, except that the <br /> requirement to assess the mandatory minimum penalty shall not be applicable to the <br /> first three violations: <br /> A) Violates a waste discharge requirement effluent limitation. <br /> B) Fails to file a report pursuant to Section 13260. <br /> C) Files an incomplete report pursuant to Section 13260. <br /> D) Violates a toxicity effluent limitation contained in the applicable waste discharge <br /> requirements where the waste discharge requirements do not contain pollutant- <br /> specific effluent limitations for toxic pollutants. <br /> 5. CWC section 13323 states, in part: <br /> Any executive officer of a regional board may issue a complaint to any person on <br /> whom administrative civil liability may be imposed pursuant to this article. The <br /> complaint shall allege the act or failure to act that constitutes a violation of law, the <br /> provision authorizing civil liability to be imposed pursuant to this article, and the <br /> proposed civil liability. <br /> 6. WDRs Order 94-324 Effluent Limitations No. B.1., states, in part: <br /> Effluent shall not exceed the following limits: <br /> Monthly Weekly Daily Daily <br /> Constituents Units Average Average Average Maximum <br /> Total Coliform Organisms MPN/100 mL 23 (median) 500 <br /> 7. WDRs Order R5-2002-0083 Effluent Limitations No. B.1. states, in part: <br /> Effluent shall not exceed the following limitations: <br />