Laserfiche WebLink
ADMINISTRATIVE CIV)!IABILITY COMPLAINT NO. R5-2005-0509 -4- <br /> CITY OF MANTECA <br /> SAN JOAQUIN COUNTY <br /> serious violations. Fifty-seven(57) of these non-serious violations are subject to <br /> mandatory penalties under CWC Section 13385(1)(2). The mandatory penalty for these <br /> non-serious violations is $171,000. <br /> 11. The total mandatory penalty for serious and non-serious violations is $393,000. A <br /> detailed list of all violations is included in Attachment A, a part of this complaint. <br /> Non-Discharge Violations <br /> 12, The Discharger is in violation of WDR Order No. R5-2004-0028 due to failure to comply <br /> with the compliance time schedules in Provisions H.1, 2, 5, 6, 7, 8, 10, and 21. The <br /> Discharger is also in violation of CDO No. R5-2004-0029 due to failure to comply with <br /> compliance time schedules required in CDO Items 2 and 5. <br /> 13. On 18 August 2004, staff issued a Notice of Violation(NOV)regarding the Discharger's <br /> failure to comply with Provision H.21, which requires implementation of a pretreatment <br /> program pursuant to Code of Federal Regulations Part 403. <br /> 14. The Discharger has failed to fully implement a pretreatment program for several years. <br /> Tetra Tech, on behalf of the Regional Board, conducted a Pretreatment Compliance Audit <br /> on 25-26 October 2001, followed by Pretreatment Compliance Inspections on <br /> 15 May 2003 and 22 June 2004. Each inspection report cited similar inadequacies in the <br /> Discharger's draft pretreatment program. The Discharger has not been monitoring and <br /> conducting compliance inspections, has not been issuing permits, and has not evaluated <br /> the Significant Industrial Users for the need to develop and implement slug discharge <br /> control plans. Each inspection recommended the Discharger adopt the necessary legal <br /> authority to fully implement a pretreatment program and recommended the Discharger <br /> implement its draft program more fully. <br /> 15. State Water Resources Control Board legal counsel conducted a legal review of the <br /> Discharger's pretreatment program in January 2003. By letter dated 22 January 2003, <br /> Regional Board staff forwarded the legal review comments to the Discharger and advised <br /> the Discharger to update and adopt all necessary documents and fully implement the <br /> pretreatment program as soon as possible. The Discharger has not responded to these <br /> actions and continues to operate without an approved pretreatment program. The <br /> Regional Board cannot approve the pretreatment program without an adopted sewer use <br /> ordinance and other required program elements that have been approved by the Manteca <br /> City Council. <br /> 16. On 22 November 2004, staff issued a NOV and CWC Section 13267 Order regarding the <br /> Discharger's failure to comply with Provisions H.1, 2, 5, 6, 7, and 10 and the compliance <br /> time schedules required in CDO No. R5-2004-0029. In addition to the NOV, Water <br /> Quality Control Facility staff was made aware of the Discharger's non-compliance during <br /> a compliance inspection on 8 December 2004. The Discharger has failed to meet any of <br />