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EooxeRxox0.Bxowx J. <br /> Mmxcw Rooxiauet <br /> Water Boards -XR `x'A 1-I.oT. <br /> r-jr—raiiire-11 or— <br /> Central Valley Regional Water Quality Control Boar <br /> 10 September 2013 SEP 112013 <br /> ENVIRONMENTAL HEALTH <br /> Jeff Willet PERMMSERVICES CERTIFIED MAIL <br /> Assistant Director 7013 1710 0002 3644 5576 <br /> City of Stockton <br /> 2500 Navy Drive <br /> Stockton, CA 95206 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2013-0570 FOR ASSESSMENT OF <br /> MANDATORY MINIMUM PENALTIES, CITY OF STOCKTON, REGIONAL WASTEWATER <br /> CONTROL FACILITY, SAN JOAQUIN COUNTY <br /> Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to California <br /> Water Code section 13385, for violations of Waste Discharge Requirements Order R5-2008- <br /> 0154 (NPDES No. CA0079138) by the City of Stockton (Discharger) at its Regional Wastewater <br /> Control Facility. The Complaint charges the Discharger with administrative civil liability in the <br /> amount of thirty six thousand dollars ($36,000), which represents the sum of accrued <br /> Mandatory Minimum Penalties (MMPs) for effluent limitation violations (identified in Attachment <br /> A of the Complaint) that occurred between 1 February 2011 and 31 May 2013. <br /> On 3 July 2013, Central Valley Water Board staff issued the Discharger a Notice of Violation <br /> and draft Record of Violations (ROV) for effluent limitation violations occurring between <br /> 1 February 2011 and 31 May 2013. On 25 July 2013, the Discharger responded and agreed <br /> with the violations. However, the Discharger requested that the ammonia violations not be <br /> assessed MMPs because the violations occurred during the startup period of the nitrifying <br /> biotowers, and could be exempt from mandatory minimum penalties pursuant to Water Code <br /> section 133850)(D)(i). However, to obtain the exemption, Water Code section 133850)(D)(i) <br /> requires the Discharger to submit an operations plan a minimum of 30 days prior to operating <br /> the new treatment unit. The Discharger did not submit an operations plan, and therefore the <br /> exemption is not applicable to the ammonia violations included in this Order. <br /> Pursuant to Water Code section 13323, the Discharger may: <br /> • Pay the proposed administrative civil liability and waive its right to a hearing (Option #1 on <br /> the attached waiver form); <br /> • Ask that the hearing be postponed to facilitate settlement discussions or for other reasons <br /> (Options #2 or#3 on the attached waiver form); or <br /> • Contest the Complaint and/or enter into settlement discussions without signing the <br /> enclosed waiver. <br /> If the Central Valley Water Board does not receive a signed waiver by 8 October 2013, a <br /> hearing will be scheduled for the 5/6 December 2013 Board meeting in Rancho Cordova. This <br /> hearing will be governed by the attached Hearing Procedures, which have been approved by <br /> KARL E. LONOLEV SCD, P.E., CHAIR I PAMELA C. CREEDON P.E., BCEE, EXECUTIVE OFFICER <br /> 11020 Sun Center Drive#200,Rancho Cordova,CA 95870 I www.waterboards.ca.gov/centraivaliey <br /> e^#RECYCLED PARER <br />