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ADMINISTRATIVE CIVILRIABILITY COMPLAINT NO. R5-2005-0509 -6- <br /> CITY OF MANTECA <br /> SAN JOAQUIN COUNTY <br /> level that recovers the economic benefits, if any, derived from the acts that constitute the <br /> violation". <br /> 19. The Discharger's delay in submitting required reports and fully implementing a <br /> pretreatment program has resulted in economic savings to the Discharger. It is estimated <br /> that the Discharger derived an economic benefit, from the acts that constitute the <br /> violations, of not less than $61,000. As of 29 March 2005, the Discharger has been in <br /> violation of WDR Order No. R5-2004-0028 for a maximum of 234 days for failure to <br /> submit reports. The maximum statutory liability is $2,340,000 ($10,000 for each day of <br /> violation). <br /> 20. The amount of the liability for the non-discharge violations has been established based <br /> upon a review of the factors cited in CWC Section 13385 and the State Water Resources <br /> Control Board's Water Quality Enforcement Policy. See Attachment B, a part of this <br /> complaint, for a summary of the non-discharge violations contributing to the calculation <br /> of the penalty. <br /> 21. Issuance of this Administrative Civil Liability Complaint to enforce CWC Division 7, <br /> Chapter 5.5 is exempt from the provisions of the California Environmental Quality Act <br /> (Public Resources Code Section 21000, et. seq.), in accordance with Title 14 California <br /> Code of Regulations, Enforcement Actions by Regulatory Agencies, Section 15321(a)(2). <br /> THE CITY OF MANTECA IS HEREBY GIVEN NOTICE THAT: <br /> 1. The Executive Officer of the Regional Board rescinds Administrative Civil Liability <br /> Complaint No. R5-2004-0829 and incorporates the assessment of mandatory penalties into <br /> this complaint. <br /> 2. The Executive Officer of the Regional Board proposes that the Discharger be assessed an <br /> Administrative Civil Liability and Mandatory Penalty in the amount of rive hundred <br /> thirty-three thousand dollars ($533,000), which includes $393,000 in mandatory <br /> penalties, and which would recover the economic benefit derived from the acts that <br /> constitute the violations, and would recover Regional Board staff costs. The amount of the <br /> proposed liability, other than the mandatory penalty portion, is based upon a review of the <br /> factors cited in CWC Section 13385 and the State Water Resources Control Board's Water <br /> Quality Enforcement Policy. <br /> 3. A hearing on this matter will be held at the Regional Board meeting scheduled on <br /> 23-24 June 2005, unless the Discharger agrees to: <br /> a. Waive the hearing and pay the proposed civil liability in full; or <br /> b. Waive the right to a hearing in 90 days, and submit a settlement proposal within 30 <br /> days of the date of this complaint that includes an agreement to conduct a <br />