FIELD DOCUMENTS AND WORK PLANS 2004-2014

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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO.R5-2005-0511 -5- MARLEY COOLING TOWER COMPANY SAN JOAQUIN COUNTY WAIVER OF HEARING FOR ADMINISTRATIVE CIVIL LIABILITY COMPLAINT By signing this waiver, I affirm and acknowledge the following: 1. I am duly authorized to represent the Marley Cooling Topwer Company(hereinafter "Discharger") in connection with Administrative Civil Liability Complaint No. R5-2005- 0508 (hereinafter the "Complaint"); 2. I am informed of the right provided by California Water Code section 13323, subdivision (b), to a hearing within ninety(90) days of issuance of the Complaint; 3. I hereby waive the Discharger's right to a hearing before the California Regional Water Quality Control Board, Central Valley Region, within ninety(90) days of the date of issuance of the Complaint; and 4. Without admitting liability for the matters alleged in the Complaint, I certify that the Discharger will remit payment for the civil liability imposed in the amount of$129,000 by check,which contains a reference to"ACL Complaint No. R5-2005-0508" and is made payable to the"State Water Resources Control Board Cleanup and Abatement Account." 5. I understand the payment of the above amount constitutes a settlement of violations alleged in the Complaint that will not become final until after a public comment period. 6. I understand that payment of the above amount is not a substitute for compliance with applicable laws and that continuing violations of the type alleged in the Complaint may subject the Discharger to further enforcement, including additional civil liability. (Print Name and Title) (Signature) (Date)