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WAIVER OF 90-DAY HEARING REQUIREMENT FOR <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT <br /> By signing this waiver, I affirm and acknowledge the following: <br /> 1. I am duly authorized to represent Oakwood Lake Water District and Beck Properties, Oakwood Lake <br /> Subdivision Mining Reclamation Project (hereinafter"Discharger") in connection with Administrative Civil <br /> Liability Complaint R5-2008-0600 (hereinafter the"Complaint"); <br /> 2. 1 am informed that California Water Code section 13323, subdivision (b), states that, "a hearing before the <br /> regional board shall be conducted within 90 days after the party has been served" with the Complaint; <br /> 3. 1 hereby waive any right the Discharger may have to a hearing before the Central Valley Regional Water <br /> Quality Control Board (Central Valley Water Board)within ninety (90) days of service of the Complaint; and <br /> 4. ❑ (Check here if the Discharger will waive the hearing requirement and will pay the fine) <br /> a. I certify that the Discharger will remit payment for the proposed civil liability imposed in the amount of <br /> sixty-three thousand dollars ($63,000) by check, which contains a reference to"ACL Complaint <br /> R5-2008-0600" and is made payable to the "State Water Pollution Cleanup and Abatement Account." <br /> Payment must be received by the Central Valley Water Board by 10 December 2008 or this matter <br /> will be placed on the Central Valley Water Board's agenda for adoption at the 516 February 2009 <br /> Central Valley Water Board meeting. <br /> b. I understand the payment of the above amount constitutes a settlement of the Complaint, and that any <br /> settlement will not become final until after the 30-day public notice and comment period mandated by <br /> Federal regulations (40 CFR 123.27) expires. Should the Central Valley Water Board receive new <br /> information or comments during this comment period, the Central Valley Water Board's Assistant <br /> Executive Officer may withdraw the complaint, return payment, and issue a new complaint. New <br /> information or comments include those submitted by personnel of the Central Valley Water Board who <br /> are not associated with the enforcement team's issuance of the Complaint. <br /> c. I understand that payment of the above amount is not a substitute for compliance with applicable laws <br /> and that continuing violations of the type alleged in the Complaint may subject the Discharger to <br /> further enforcement, including additional civil liability. <br /> -or- <br /> 5. ❑ (Check here if the Discharger will waive the 90-day hearing requirement, but will not pay at the <br /> current time. The Central Valley Water Board must receive information from the Discharger indicating <br /> a controversy regarding the assessed penalty at the time this waiver is submitted, or the waiver may <br /> not be accepted.) I certify that the Discharger will promptly engage the Central Valley Water Board staff in <br /> discussions to resolve the outstanding violation(s). . By checking this box, the Discharger requests that the <br /> Central Valley Water Board delay the hearing so that the Discharger and Central Valley Water Board staff can <br /> discuss settlement. It remains within the discretion of the Central Valley Water Board to agree to delay the <br /> hearing. A hearing on the matter may be held before the Central Valley Water Board if these discussions do <br /> not resolve the liability proposed in the Complaint. The Discharger agrees that this hearing may be held after <br /> the 90-day period referenced in California Water Code section 13323 has elapsed <br /> 6. If a hearing on this matter is held, the Central Valley Water Board will consider whether to issue, reject, or <br /> modify the proposed Administrative Civil Liability Order, or whether to refer the matter to the Attorney General <br /> for recovery of judicial civil liability. Modification of the proposed Administrative Civil Liability Order may <br /> include increasing the dollar amount of the assessed civil liability. <br /> (Print Name and Title) <br /> (Signature) <br /> (Date) <br />