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ADMINISTRATIVE CIVI*LIABILr y COMPLAINT NO.R5-2004-0 35 CITY OF STOCKTON -3- SAN JOAQUIN COUNTY the violator, the ability to pay, the effect on its ability to continue its business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree ofculpability, economic benefit or savings, if any, resulting from the violation, and other matters that justice may require. At a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation. " 10. The Discharger derived an economic benefit estimated to be not less than$3,000 for not collecting and hauling the wastewater to the treatment plant for processing. The maximum statutory liability is $4,800,000 ($10,000 for one day of discharge plus approximately$4,790,000; $10 times 479,000 gallons). 11. Issuance of this Administrative Civil Liability Order to enforce CWC 13376 is exempt from the provisions of the California Environmental Quality Act(Public Resources Code Section 21000, et. seq.), in accordance with Title 14 California Code of Regulations, Enforcement Actions by Regulatory Agencies, Section 15321(a)(2). THE CITY OF STOCKTON IS HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes the assessment of Administrative Civil Liability in the amount of one hundred and twenty five thousand dollars ($125,000), which includes estimated economic savings and Regional Board staff costs. The amount of the liability proposed is based upon a review of the factors cited in California Water Code Section 13385 and the State Water Resources Control Board's water quality enforcement policy. 2. A hearing on this matter will be held at the Regional Board meeting scheduled on 2-3 December 2004, unless the Discharger agrees to waive the hearing and pay the proposed civil liability in full. 3. If a hearing on this matter is held, the Board will consider whether to affirm, reject, or modify the proposed Administrative Civil Liability, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. 4. The Discharger may waive the right to a hearing. If you wish to waive the hearing, sign the waiver and return it,with a check made payable to the State Water Resources Control Board in the amount of the civil liability, to the Regional Board's office within 30 days of the date of this complaint. Any waiver will not be effective until 30 days from the date of this complaint to allow interested persons to comment on this action. THOMAS R. PINKOS, Executive Officer t OCUep 04 Date