SITE INFORMATION AND CORRESPONDENCE CASE 2

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Mr. Larry French, President - 2 - 10 November 2008 considered final pending a 30-day period, starting from the date of this Complaint, during which time interested parties may comment on this action by submitting information to this office, attention Barry Hilton. Should the Central Valley Water Board receive new information or comments during this comment period, the Central Valley Water Board's Assistant Executive Officer may withdraw the complaint, return payment, and issue a new complaint. If the Regional Water Board does not receive a signed waiver within 30 days of the date of this Complaint (by 10 December 2008), then a hearing will be scheduled for the 5/6 February 2009 Central Water Board meeting in Rancho Cordova. If a hearing on this matter is held, the Board will consider whether to issue, reject, or modify an Administrative Civil Liability Order based on the enclosed Complaint, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. Modification of the proposed Administrative Civil Liability Order may include increasing the dollar amount of the assessed civil liability. Specific notice about this hearing and its procedures will be provided under separate cover. Any comments or evidence concerning the enclosed Complaint must be submitted to this office, attention Barry Hilton, no later than 5 p.m. on 10 December 2008. This includes material submitted by the discharger to be considered at a hearing and material submitted by interested parties, including members of the public, who wish to comment on the proposed settlement. If the Regional Water Board does not hold a hearing on the matter, and the terms of the final settlement are not significantly different from those proposed in the enclosed Complaint, then there will not be additional opportunities for public comment on the proposed settlement. Written materials received after 5 p.m. on 10 December 2008 will not be accepted and will not be incorporated into the administrative record if doing so would prejudice any party. If you have any questions or comments regarding the Administrative Civil Liability Complaint, please contact Barry Hilton at (916) 464-4762 or Patricia Leary at (916) 464-4623. WENDY W ELS Environmental Program Manager Compliance and Enforcement Section Enclosure: ACLC No. R5-2008-0600 cc w/ encl: Ms. Pamela Creedon, Central Valley Water Board, Rancho Cordova Mr. Kenneth Greenberg, USEPA, Region 9, San Francisco Mr. Reed Sato, Office of Enforcement, SWRCB, Sacramento Mr. Patrick Pulupa, Office of Chief Counsel, SWRCB, Sacramento Ms. Lori Okun, Office of Chief Counsel, SWRCB, Sacramento Ms. Emel Wadhwani, Office of Chief Counsel, SWRCB, Sacramento Ms. Carol Oz, Department of Fish and Game, Region 2, Rancho Cordova San Joaquin County Environmental Health Department, Stockton Mr. Bill Jennings, California Sportfishing Protection Alliance, Stockton Mr. Douglas Coty, Walnut Creek