Laserfiche WebLink
`� California Pngional Water Quality Control Board <br /> = <br /> (\- Central Valley Region <br /> v Katherine Hart, Chair <br /> Linda S. Adams11020 Sun Center Drive#200, Rancho Cordova,California 95670-6114 Edmund v Brown,Jr. <br /> Secretary/or Phone(916)464-3291 •FAX(916)464-4645 Governor <br /> Environmental http://www.waterboards.ca.gov/centralvalley <br /> Protection <br /> 7 January 2011 RECEIVED <br /> JAN 10 2011 <br /> ENVIRONMENTAL HEALTH <br /> P T/SERVICES <br /> Mark J. Madison CERTIFIED MF�IIti <br /> Director of Municipal Utilities 7010 1670 0002 0652 3200 <br /> City of Stockton <br /> 2500 Navy Drive <br /> Stockton, CA 95206-1191 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2011-0506 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 $18,000, of which $6,000 has previously been <br /> paid. This amount represents the sum of accrued Mandatory Minimum Penalties (MMPs) for <br /> effluent limitation violations that occurred from 1 January 2009 through 30 September 2010. <br /> These violations are identified in Attachment A to the Complaint. <br /> On 18 November 2010, Central Valley Water Board staff issued a draft Record of Violations. <br /> The Discharger responded on 30 November 2010 that pursuant to CWC section 133850), <br /> TSO R5-2008-0155 provided it with protection from MMPs. CWC section 133850) clearly <br /> provides that a violation of an effluent limitation where the waste discharge is in compliance <br /> with a time schedule order shall not be subject to an MMP. However, the Discharger <br /> exceeded the interim effluent limitation for cyanide set forth in TSO R5-2008-0155. Thus, the <br /> discharge ort those occasions was not in compliance with TSO R5-2008-0155, and, the <br /> exemption provided by CWC section 133850) does not apply those violations. Therefore, the <br /> Discharger is subject to MMPs for violating the effluent limitation for cyanide set forth in Order <br /> R5-2008-0154, as identified in Attachment A to the Complaint. <br /> Pursuant to CWC section 13323, the Discharger may: <br /> • Pay the proposed administrative civil liability and waive its right to a hearing (Option #1 <br /> 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 /> California Environmental Protection Agency <br /> C4 Recycled Paper <br />