SITE INFORMATION AND CORRESPONDENCE CASE 2

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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2008-0600 -3- MANDATORY PENALTY OAKWOOD LAKE WATER DIS i rZICT AND BECK PROPERTIES OAKWOOD LAKE SUBDIVISION MINING RECLAMATION PROJECT SAN JOAQUIN COUNTY provision authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability. 7. WDRs Order 98-123 Effluent Limitations No. B.1., include, in part, the following effluent limitations: "Effluent shall not exceed the following limits: " Monthly Weekly Daily Constituents Units Average Average Maximum Turbidity NTUs 15 20 25 8. WDRs Order 98-123 Effluent Limitations No. B.2., include, the following effluent limitations: "The discharge shall not have a pH less than 6.5 nor greater than 8.5." 9. According to Discharger's self-monitoring reports, there has been no discharge to the San Joaquin River since 24 October 2005. Because Order No. R5-2005-0153 and TSO R5-2005-0154 were adopted on 21 October 2005, the interim and final effluent limitations contained in these orders are not relevant to this Complaint. 10. According to the Discharger's self-monitoring reports, the Discharger committed seven (7) serious Group I violations of the above effluent limitations contained in Orders 98-123 and R5-2005-0153 during the period beginning 1 January 2000 and ending 30 April 2008. The violations are defined as serious because measured concentrations of Group I constituents exceeded maximum prescribed levels by more than 40 percent on these occasions. The mandatory minimum penalty for these serious violations is twenty-one thousand dollars ($21,000). 11. According to the Discharger's self-monitoring reports, the Discharger committed twenty (20) non-serious violations of the above effluent limitations contained in Orders 98-123 and R5-2005-0153 during the period beginning 1 January 2000 and ending 30 April 2008. Fourteen (14) of the non-serious violations are subject to mandatory penalties under CWC section 13385(1)(1) because these violations were preceded by three or more similar violations within a six-month period. The mandatory minimum penalty for these non-serious violations is forty-two thousand dollars ($42,000). 12. The total amount of the mandatory penalties assessed for the cited effluent violations is sixty-three thousand dollars ($63,000). A detailed list of the cited effluent violations is included in Attachment A, a part of this Complaint. 13. Issuance of this Administrative Civil Liability Complaint to enforce CWC Division 7, Chapter 5.5 is exempt from the provisions of the California Environmental Quality Act (Pub. Resources Code section 21000 et seq.), in accordance with California Code of Regulations, title 14, section 15321(a)(2).