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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO.R5-2005-0541 -2- <br /> MARLEY COOLING TOWER COMPANY <br /> SAN JOAQUIN COUNTY <br /> life". Section E.9 states, "the discharge shall not cause the following in the receiving <br /> water... the normal ambient pH to fall below 6.5, exceed 8.5, or change by more the 0.5 <br /> units".. <br /> 6. The Discharger discovered the treatment plant malfunction on the morning of September <br /> 17, 2002. However, the Discharger did not report the malfunction to the Regional Board <br /> until the evening of September 19, 2002, after the Discharger had been notified of the fish <br /> kill by the Department of Fish and Game. The Discharger violated the Standard Provisions <br /> and Reporting Requirements for Waste Discharge Requirements (National Pollutant <br /> Discharge Elimination System) dated 1 March 1991 (Standard Provisions). Item B.1 of the <br /> Standard Provisions states, in part, "In the event the Discharger does not comply or will be <br /> unable to comply for any reason, with any prohibition, daily maximum effluent limitation, <br /> or receiving water limitation of this Order, The Discharger shall notify-the Board ... within <br /> 24 hours of having knowledge of such noncompliance... ". <br /> 7. The discharge violated Provision F.6 and Standard Provision A.22 of Order No. 93-221, <br /> which require that neither the discharge nor its treatment shall create a nuisance or <br /> pollution as defined in CWC Section 13050. The discharge of the high pH effluent at <br /> levels that exceed the effluent limitations constitutes pollution. <br /> 8. CWC Section 13385 states, in part: <br /> "(a) Any person who violates any of the following shall be liable civilly in accordance with <br /> this section: <br /> "(1) Section 13375 or 13376". <br /> (2)Any waste discharge requirements...issued pursuant to this chapter... " <br /> "(5)Any requirements of Section 301, 302, 306, 307,308, 318, 401, or 405 of the <br /> Clean Water Act, as amended". <br /> "(c) Civil liability may be imposed administratively by the state board or a regional board <br /> pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 in an amount not to <br /> exceed the sum of both of the following: <br /> "(1) Ten thousand dollars ($10,000)for each day in which the violation occurs. <br /> "(2) Where there is a discharge, any portion of which is not susceptible to cleanup <br /> or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 <br /> gallons, an additional liability not to exceed ten dollars ($10) multiplied by the <br /> number of gallons by which the volume discharged but not cleaned up exceeds <br /> 1,000 gallons". <br /> "(e) In determining the amount of any liability imposed under this section, the regional <br /> board, the state board, or the superior court, as the case may be, shall take into account <br />