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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2008-0600 MANDATORY PENALTY IN THE MATTER OF OAKWOOD LAKE WATER DISTRICT AND BECK PROPERTIES OAKWOOD LAKE SUBDIVISION MINING RECLAMATION PROJECT SAN JOAQUIN COUNTY This Complaint is issued to the Oakwood Lake Water District and Beck Properties, Oakwood Lake Subdivision Mining Reclamation Project (hereafter Discharger) pursuant to California Water Code (CWC) section 13385, which authorizes the imposition of Administrative Civil Liability, CWC section 13323, which authorizes the Executive Officer to issue this Complaint, and CWC section 7, which authorizes the delegation of the Executive Officer's authority to a deputy, in this case the Assistant Executive Officer. This Complaint is based on findings that the Discharger violated provisions of Waste Discharge Requirements (WDRs) Order 98-123 and R5-2005-0153 (NPDES No. CA0082783). The Assistant Executive Officer of the Central Valley Regional Water Quality Control Board (Central Valley Water Board) finds the following- 1 . ollowing:1 . The Discharger operates the Oakwood Lake Subdivision, a mining reclamation project. Groundwater seepage and stormwater is discharged from to the San Joaquin River within the boundary of the Sacramento-San Joaquin Delta, a water of the United States within the San Joaquin Delta Hydrologic Area. 2. On 5 June 1998, the Central Valley Water Board adopted WDRs Order 98-123 to regulate discharges of waste from the mining reclamation project. The Order named Brown Sand, Inc. and Vernalis Partners, Ltd. as the Discharger. On 21 October 2005, the Central Valley Water Board adopted WDRs Order R5-2005-0153, which contained new requirements and rescinded WDRs Order 98-123. This Order names Oakwood Lake Water District and Beck Properties as the Discharger. 3. On 21 October 2005, the Central Valley Water Board adopted Time Schedule Order (TSO) R5-2005-0154, providing a time schedule and establishing interim effluent limits until 1 May 2010 to comply with new effluent limitations for antimony, arsenic, specific conductance, barium, iron, manganese, aluminum, and ammonia. This Complaint considered the interim effluent limitations and the protection from Mandatory Minimum Penalties provided by TSO R5-2005-0154, 4. On 29 July 2008, the Central Valley Water Board sent the Discharger a draft Record of Violations (ROV). Central Valley Water Board staff has discussed the ROV with both the Discharger's engineer and attorney, and extended the time to review the ROV. On 10 October 2008, the Discharger's attorney responded that Under the circumstances, the District is prepared to move forward with this matter in