SITE INFORMATION AND CORRESPONDENCE

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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2004-0535 -2- CITY OF STOCKTON SAN JOAQUIN COUNTY calculated average dose is about six hundred (600)times higher than the acute criterion. The OMI report states that the discharge caused significant mortality to aquatic life (342 dead aquatic organisms including crayfish, mosquito fish, tadpoles, catfish, and perch)in the canal over a distance of 2,800 feet. Chlorine was measured in the canal at up to 0.3 mg/l (15 times the acute criteria) at 1608 hrs on 18 March 2004, a day after the spill. 6. Downstream of the discharge, the South Main Canal traverses Mosher Slough and the Calaveras River. At Mosher Slough the crossing has an overflow structure that allows continuous discharges when water is being supplied to irrigation district users. At the Calaveras River the canal crossing has an overflow structure that is gated. The canal is tributary to Mosher Slough, and may also be tributary to the Calaveras River. The South Main Canal meets the definition of waters of the United States pursuant to 40 CFR Part 122.2. _ 7. The Discharger did not apply for or receive Waste Discharge Requirements for the discharge of pollutants to surface waters. 8. CWA Section 301 and CWC Section 13376 prohibit the discharge of pollutants to surface waters except in compliance with an NPDES permit. 9. CWC Section 13385(a) states, in part: "(a) Any person who violates any of the following shall be liable civilly in accordance with this section: (1) Section 13375 or 13376. ******* (5) Any requirements of Section 301, 302, 306, 307,308, 318, 401, or 405 of the Clean Water Act, as amended. (c) Civil liability may be imposed administratively by the state board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 in an amount not to exceed the sum of both of the following: (1) Ten thousand dollars ($10,000)for each day in which the violation occurs. (2) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied by the number ofgallons by which the volume discharged but not cleaned up exceeds 1,000 gallons. ******* (e) In determining the amount of any liability imposed under this section, the regional board, the state board, or the superior court, as the case may be, shall take into account the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to