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CALIFORNIA41EGIONAL WATER QUALITY CAROL BOARD <br /> CENTRAL VALLEY REGION <br /> ACL COMPLAINT NO. R5-2005-0508 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT <br /> IN THE MATTER OF <br /> MARLEY COOLING TOWER COMPANY <br /> SAN JOAQUIN COUNTY <br /> This complaint is issued to the Marley Cooling Tower Company, (hereafter Discharger)based on <br /> a finding of violations of NPDES Waste Discharge Requirements Order No. 93-221 (NPDES <br /> No. CA0081787),pursuant to California Water Code (CWC) Section 13385, which authorizes <br /> the imposition of Administrative Civil Liability, and CWC Section 13323, which authorizes the <br /> Executive Officer to issue this complaint. <br /> The Executive Officer of the Regional Water Quality Control Board, Central Valley Region <br /> (Regional Board) finds, with respect to the Discharger's acts, or failure to act, the following: <br /> I. The Discharger owns and operates a groundwater extraction and treatment facility, which <br /> extracts groundwater polluted with chromium, treats the polluted water by removing the <br /> chromium, and discharges the treated water. The treated water is discharged to the <br /> Stockton Diverting Canal, a water of the United States. <br /> 2. On 22 October 1993 the Regional Board adopted Waste Discharge Requirements Order No. <br /> 93-221 (NPDES No. CA0081787)prescribing waste discharge requirements for the Marley <br /> Cooling Tower Company groundwater extraction and treatment facility. <br /> 3. Between the close of business on 16 September and the morning of 17 September 2002, the <br /> pH control system for the treatment plant failed. The pH meter controlling the pH <br /> adjustment pump, which delivers caustic to treatment plant effluent, began providing a <br /> false"low"pH signal which in turn caused the pH adjustment pump to continuously <br /> operate. This resulted in the release of approximately 2160 gallons (estimated maximum <br /> amount) of 50%by weight sodium hydroxide into approximately 222,066 gallons of treated <br /> water which was discharged as effluent into the Stockton Diverting Canal. This high pH <br /> discharge in turn raised the pH in the canal, measured by DeltaKeeper on September 19, <br /> 2002 at a pH of 10.8, causing a significant fish kill. According to DFG field estimates, <br /> approximately 1,000 dead fish were noted, and the total number estimated to be killed was <br /> 4,000 to 5,000. The fish included black bass, catfish,buffalo carp, Sacramento suckers, <br /> bluegill, and assorted smaller sunfish-type fish. Tadpoles and crayfish were also killed. <br /> 4. The discharge violated the pH effluent limitations of Order No. 93-221 set forth in B.2 <br /> which states "the discharge shall not have a pH less than 6.5 nor greater than 8.5". <br /> 5. The discharge violated receiving water quality prohibitions of Order No. 93-221 as set forth <br /> in items EA and E.9. Section EA states, "the discharge shall not cause concentrations of <br /> any materials in the receiving waters which are deleterious to human, aquatic, or plant <br />