SITE INFORMATION AND CORRESPONDENCE CASE 2

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Californiaiegional Water Quality Cor' •ol Board Central Valley Region Karl E. Longley,ScD,PE,Chair Linda S.Adams 11020 Sun Center Drive#200,Rancho Cordova,California 95670-6114 Arnold Secretaryfor Phone(916)464-3291 •FAX(916)464-4645 Schwarzenegger Environmental http://www.waterboards.ca.gov/centrdvalley Governor Protection 10 November 2008 Mr. Larry French, President CERTIFIED MAIL Oakwood Lake Water District 7008 1140 0002 8805 4356 P.O. Box 690339 Stockton, CA 95269-0339 ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2008-0600 FOR ASSESSMENT OF MANDATORY MINIMUM PENALTIES, OAKWOOD LAKE WATER DISTRICT AND BECK PROPERTIES, OAKWOOD LAKE SUBDIVISION MINING RECLAMATION PROJECT, SAN JOAQUIN COUNTY Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to California Water Code section 13385, for violations of Waste Discharge Requirements (WDRs) Orders 98-123 and R5-2005-0153 (NPDES No. CA0082783) by Oakwood Lake Water District and Beck Properties (Discharger) at the Oakwood Lake Subdivision Mining Reclamation Project. The Complaint charges the Discharger with civil liability in the amount of sixty three thousand dollars ($63,000), which represents the sum of accrued Mandatory Minimum Penalties for effluent limitation violations which occurred from 1 January 2000 through 30 April 2008. On 29 July 2008 and 29 August 2008, Regional Water Board staff issued a draft Record of Violations (ROV). On 10 October 2008, the Discharger's attorney responded. The attorney's letter stated, in part, "the District is prepared to move forward with this matter...as the named party on any necessary actions taken related to the discharge activities in question..." Pursuant to CWC section 13323, the Discharger may: • Pay the assessed civil liability and waive its right to a hearing before the Central Valley Water Board by signing the enclosed waiver (checking off the box next to item #4) and submitting it to this office by 10 December 2008, along with payment for the full amount; • Agree to enter into settlement discussions with the Central Valley Water Board and request that any hearing on the matter be delayed by signing the enclosed waiver (checking off the box next to item #5) and submitting both this waiver and a letter describing the issues to be discussed to this office by 10 December 2008; or • Contest the Complaint and/or enter into settlement discussions with the Central Valley Water Board without signing the enclosed waiver. If the Discharger chooses to sign the waiver and pay the assessed civil liability, this will be considered a tentative settlement of the violations in the Complaint. This settlement will be California Environmental Protection Agency �aRecycled Paper