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WAIVER OF 90-DAY HEARING REQUIREMENT FOR ADMINISTRATIVE CIVIL LIABILITY COMPLAINT By signing this waiver, I affirm and acknowledge the following: 1. I am duly authorized to represent the City of Stockton (hereinafter"Discharger') in connection with Administrative Civil Liability Complaint R5-2008-0606 (hereinafter the"Complaint"); 2. 1 am informed that California Water Code section 13323, subdivision (b), states that, "a hearing before the regional board shall be conducted within 90 days after the party has been served"with the Complaint; 3. 1 hereby waive any right the Discharger may have to a hearing before the Central Valley Regional Water Quality Control Board (Central Valley Water Board)within ninety (90) days of service of the Complaint; and 4. ❑ (Check here if the Discharger will waive the hearing requirement and will pay the fine) a. I certify that the Discharger will remit payment for the proposed civil liability in the amount of eighteen thousand dollars ($18,000) by check, which will contain a reference to"ACL Complaint R5 2008-0606" and will be made payable to the"State Water Pollution Cleanup and Abatement Account." Payment must be received by the Central Valley Water Board by 10 December 2008 or this matter will be placed on the Central Valley Water Board's agenda for adoption at the 5/6 February 2009 Central Valley Water Board meeting. b. I understand the payment of the above amount constitutes a settlement of the Complaint, and that any settlement will not become final until after the 30-day public notice and comment period mandated by Federal regulations (40 CFR 123.27)expires. Should the Central Valley Water Board receive new information or comments during this comment period, the Central Valley Water Board's Assistant Executive Officer may withdraw the complaint, return payment, and issue a new complaint. New information or comments include those submitted by personnel of the Central Valley Water Board who are not associated with the enforcement team's issuance of the Complaint. c. I understand that payment of the above amount is not a substitute for compliance with applicable laws and that continuing violations of the type alleged in the Complaint may subject the Discharger to further enforcement, including additional civil liability. -or- 5. ❑ (Check here if the Discharger will waive the 90-day hearing requirement, but will not pay at the current time.) I certify that the Discharger will promptly engage the Central Valley Water Board staff in discussions to resolve the outstanding violation(s). By checking this box, the Discharger is not waiving its right to a hearing on this matter. By checking this box, the Discharger requests that the Central Valley Water Board delay the hearing so that the Discharger and Central Valley Water Board staff can discuss settlement. It remains within the discretion of the Central Valley Water Board to agree to delay the hearing. A hearing on the matter may be held before the Central Valley Water Board if these discussions do not resolve the liability proposed in the Complaint. The Discharger agrees that this hearing may be held after the 90-day period referenced in California Water Cade section 13323 has elapsed. 6. If a hearing on this matter is held, the Central Valley Water Board will consider whether to issue, reject, or modify the proposed Administrative Civil Liability Order, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. Modification of the proposed Administrative Civil Liability Order may include increasing the dollar amount of the assessed civil liability. (Print Name and Title) (Signature) (Date