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California F gional Water Quality Co,•,rol Board <br /> Central Valley Region <br /> Katherine Hart, Chair 1 0 <br /> 11020 Sun Center Drive,#200, Rancho Cordova, California 95670-6114 <br /> Linda S.Adams (916)464-3291 • FAX (916)464-4645 Edmund G.Brown Jr. <br /> Acting Secretary for http://www.waterboards.ce.gov/centralvalley Governor <br /> Environmental Protection <br /> 6 May 2011 <br /> Mark J. Madison CERTIFIED MAIL <br /> Director of Municipal Utilities 7010 1670 0002 0652 6003 <br /> City of Stockton <br /> 2500 Navy Drive <br /> Stockton, CA 95206-1191 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2011-0566 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 <br /> California Water Code section 13385, for violations of Waste Discharge Requirements <br /> (WDRs) Order R5-2008-0154 (NPDES No. CA0079138) by the City of Stockton (Discharger) <br /> at its Regional Wastewater Control Facility. The Complaint charges the Discharger with <br /> administrative civil liability in the amount of sixty-three thousand dollars ($63,000), which <br /> represents the sum of accrued Mandatory Minimum Penalties for effluent limitation violations <br /> (identified in Attachment A of the Complaint) that occurred from 1 December 2010 through <br /> 31 January 2011. <br /> On 28 March 2011, Central Valley Water Board staff issued a draft Record of Violations. The <br /> Discharger responded on 30 March 2011 and agreed with the violations. Staffs final review of <br /> Attachment A found that Violation #3 had inadvertently been shown as "subject to MMPs" but <br /> is actually not subject to MMPs. Therefore, the total penalty has decreased by $3,000. <br /> Pursuant to CWC section 13323, the Discharger may: <br /> • Waive its right to a hearing (Option #1 on the attached waiver form); <br /> • Ask that the hearing be postponed to facilitate settlement discussions or for other <br /> reasons (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 6 June 2011, a hearing <br /> will be scheduled for the 3/4/5 August 2011 Board meeting in Rancho Cordova. This hearing <br /> will be governed by the attached Hearing Procedures, which have been approved by the <br /> Board Chair for use in adjudicating matters such as this one. Any objections to the Hearing <br /> Procedures must be received by David Coupe, whose contact information is listed in the <br /> Hearing Procedures, by 5 p.m. on 20 May 2011. <br /> California Environmental Protection Agency <br /> caRecycled Paper <br />