SITE INFORMATION AND CORRESPONDENCE CASE 2

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ADMINISTRATIVE CIVIL LIAB" 'TY COMPLAINT NO. R5-2008-0600 -2- MANDATORY PENALTY OAKWOOD LAKE WATER DISTRICT AND BECK PROPERTIES OAKWOOD LAKE SUBDIVISION MINING RECLAMATION PROJECT SAN JOAQUIN COUNTY [sic] and seek an appropriate resolution as the named party on any necessary actions taken related to the discharge activities in question. The District expects to resolve with the appropriate party or parties any potential financial consequences that may results from the proposed action separate from the Regional Board's administrative process. 5. CWC sections 13385(h) and (i) require assessment of mandatory penalties and state, in part, the following: CWC section 13385(h)(1) states: Notwithstanding any other provision of this division, and except as provided in subdivisions 0), (k), and (1), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation. CWC section 13385 (h)(2) states: For the purposes of this section, a "serious violation" means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group II pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more. CWC section 13385(1)(1) states: Notwithstanding any other provision of this division, and except as provided in subdivisions 0), (k), and (1), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations: A) Violates a waste discharge requirement effluent limitation. B) Fails to file a report pursuant to Section 13260. C) Files an incomplete report pursuant to Section 13260. D) Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge requirements do not contain pollutant- specific effluent limitations for toxic pollutants. 6. CWC section 13323 states, in part Any executive officer of a regional board may issue a complaint to any person on whom administrative civil liability may-be imposed pursuant-to-this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the