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CALIFORNICGIONAL WATER QUALITY CATROL BOARD <br /> CENTRAL VALLEY REGION <br /> ACL COMPLAINT NO. R5-2005-0509 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT <br /> AND MANDATORY PENALTY <br /> IN THE MATTER OF <br /> CITY OF MANTECA <br /> SAN JOAQUIN COUNTY <br /> This complaint is issued to the City of Manteca(hereafter Discharger) based on a finding of <br /> violations of NPDES Waste Discharge Requirements (WDR) Order No. 97-115, Order No. <br /> 5-01-007, and Order No. R5-2004-0028 (NPDES No. CA0081558), pursuant to California Water <br /> Code (CWC) Section 13385, which authorizes the imposition of Administrative Civil Liability, <br /> and CWC Section 13323, which authorizes the Executive Officer to issue this complaint. <br /> The Executive Officer of the Central Valley Regional Water Quality Control Board (Regional <br /> Board) finds the following: <br /> 1. The Discharger owns and operates the City of Manteca Wastewater Quality Control <br /> Facility, which provides sewerage service to the City of Manteca. Treated municipal <br /> wastewater is discharged to the San Joaquin River, a water of the United States, and part <br /> of the Sacramento-San Joaquin Delta. <br /> 2. On 20 June 1997, the Regional Board adopted WDR Order No. 97-115 to regulate <br /> discharges of waste from the WQCF. On 26 January 2001, the Regional Board adopted <br /> WDR Order No. 5-01-007, rescinding Order No. 97-115. On 19 March 2004, the <br /> Regional Board adopted WDR Order No. R5-2004-0028, rescinding Order No. 5-01-007. <br /> Mandatory Penalties <br /> 3. CWC Section 13385(h) and(i) require assessment of mandatory penalties and state, in <br /> part, the following: <br /> CWC Section 13385(h)(1)requires the Regional Board to assess a mandatory penalty of <br /> three thousand dollars ($3,000) for each serious violation. <br /> CWC Section 13385 (h)(2) states for purposes of this section, a"serious violation" <br /> means any waste discharge that violates the effluent limitations contained in the <br /> applicable waste discharge requirements for a Group H pollutant, as specified in <br /> Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 <br /> percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 <br /> of Title 40 of the Code of Federal Regulations, by 40 percent or more. <br /> CWC Section 13385(i)(1)requires the Regional Board to assess a mandatory penalty of <br /> three thousand dollars ($3,000) for each violation, not counting the first three violations, <br />