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1 Respondent by the Chief of the Northern California Section or his designee. No <br /> 2 informal advice, guidance, suggestions, or comments by the Department regarding <br /> 3 reports, plans, specifications, schedules or any other writing submitted by <br /> 4 Respondent shall be construed to relieve Respondents of their obligation to <br /> 5 obtain such formal approvals as may be required herein. <br /> 6 II <br /> 7 CIVIL PENALTIES <br /> 8 1 . Section 25189 of the Health and Safety Cade authorizes a civil penalty <br /> 9 of up to TWENTY FIVE THOUSAND DOLLARS ($25 ,000) per day for each intentional or <br /> 10 negligent violation of any of the provisions of the Act, or any permit, rule, <br /> 11 regulation, standard, or requirement issued or promulgated pursuant to the Act, <br /> 12 or for each day that a continuing violation occurs. <br /> 13 2. The Department hereby offers to accept a civil penalty assessment of <br /> 34 TEN THOUSAND DOLLARS ($10,000) for past violations of the Act as alleged. <br /> 15 Respondent may accept this offer by submitting, within twenty days of service <br /> 16 of this Complaint, a certified or cashier's check in the amount of TEN THOUSAND <br /> 17 DOLLARS ($10 ,000) , payable to the Department of Health Services, Accounting <br /> 18 Section, Cashiering Unit ATTN: Jean Lytle, 714/744 P Street, Room 1092, <br /> 19 Sacramento, CA 95814. Service of this Complaint is complete when the return <br /> 20 mail receipt is signed by the Respondent or a duly authorized representative in <br /> 21 accordance with the Department' s Rules of Procedure for Conduct of Hearings <br /> 22 held pursuant to Sections 25186 and 25187 of the Health and Safety Code. <br /> 23 3. Section 25188 of the Health and Safety Code provides that any person <br /> 24 subject to a compliance schedule issued pursuant to Section 25187, who does not <br /> 25 comply with that schedule shall be subject to a civil penalty of not more than <br /> i <br /> 26 <br /> 27 <br /> -8- <br /> COURT PAPER <br /> S T/.TE OF CA41FORNIA <br /> STE, 113 iREV. dn:, <br /> M 12915 <br /> l <br />