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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO.R5-2005-05* -3- MARLEY COOLING TOWER COMPANY SAN JOAQUIN COUNTY the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on its ability to continue its business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters that justice may require. At a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation". 9. The maximum statutory liability is $2,220,000 ($10,000 for each day of violation plus approximately$2,210,000 ($10 multiplied by 221,066 gallons)). 10. The violation of Effluent Limitation B.2, for pH limits, is subject to mandatory minimum penalties pursuant to CWC Section 13385(h). The amount of the mandatory minimum penalty that must be imposed is $3,000 for each serious violation. The administrative civil liability proposed to be assessed in this complaint pursuant to CWC section 13385(a) exceeds the mandatory minimum penalty amount. 11. The factors considered in setting the amount of the liability include the large volume of the discharge and Discharger's failure to promptly notify the Board. Mitigating factors include the Discharger's prompt response in returning to compliance, cleaning up the dead fish and caustic residuals, and the Discharger's history of good compliance. The Discharger did not derive an economic benefit from the acts that constitute the violation. Included in the amount of liability is approximately$29,000 in staff costs incurred in responding to the discharge. 12. Issuance of this Administrative Civil Liability Complaint to enforce CWC Division 7, Chapter 5.5 is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et. seq.), in accordance with Title 14 California Code of Regulations, Enforcement Actions by Regulatory Agencies, Section 15321(a)(2). THE MARLEY COOLING TOWER COMPANY IS HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes to assess Administrative Civil Liability in the amount of one hundred twenty-nine thousand dollars ($129,000). The amount of the liability proposed is based upon consideration of the factors in CWC Section 13385 and the State Water Resources Control Board's Water Quality Enforcement Policy. 2. A hearing on this matter will be held at the Regional Board meeting scheduled on 28-29 April 2005, unless the Discharger agrees to waive the hearing and pay the proposed civil liability in full m