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y � " i REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION SETTLEMENT AGREEMENT ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2004-0520 COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC. The Executive Officer of the Regional Water Quality Control Board, Central Valley Region, (Regional Board) and the County of San Joaquin and Foothill Sanitary Landfill, Inc. (Discharger) hereby agree to this Settlement Agreement (Agreement) of Administrative Civil Liability Complaint (ACLC)No. R5- 2004-0520, dated 18 May 2004. 1. This Agreement between the Executive Officer and the Discharger resolves by consent and without further administrative proceedings certain alleged violations of the California Water Code and Waste Discharge Requirements (WDRs) Order No. R5-2003-0020. 2. The Executive Officer agrees that full compliance with this Agreement constitutes settlement of ACLC No. R5-2004-0520, which alleges that the Discharger failed to submit reports including the closure of Module "I", as required by the WDRs, in violation of Water Code section 13267. 3. The Executive Officer and the Discharger believe that settlement of this matter is in the best interest of the people of the State. The Executive Officer and the Discharger also believe that closure of Module "I", as contemplated in the WDRs, is not in the best interest of the people of the State. Therefore, in settlement of ACLC No. R5-2004-0520, the Executive Officer and Discharger agree to the terms and conditions of this Agreement. 4. The Executive Officer agrees that Cleanup and Abatement Order (CAO)No. R5-2004-0706, issued to the Discharger on 18 May 2004, is intended to address releases from Module "I". The Executive Officer agrees that CAO No. R5-2004-0706 is intended to establish an alternative to closure of Module"I" as contemplated by the WDRs. 5. The Discharger agrees to comply with CAO No. R5-2004-0706 and to waive the right to mount a legal challenge to the issuance of CAO No. R5-2004-0706 by, for example, filing a petition with the State Water Resources Control Board. 6. The Discharger agrees to submit a signed copy of this Agreement and a check for$10,000,payable to the State Water Resources Control Board Cleanup and Abatement Account, to this office by 1 June 2004. 7. In consideration of the Discharger's compliance with this Agreement, the Executive Officer agrees not to initiate any other administrative or judicial enforcement actions against the Discharger for the violations alleged in ACLC No. R5-2004-0520. In further consideration of the Discharger's compliance with this Agreement and CAO No. R5-2004-0706, the Executive Officer agrees, upon a demonstration that discharges of LFG from Module "I"have been satisfactorily eliminated, to recommend that the WDRs be reopened and modified to be consistent with CAO No. R5-2004-0706.