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• r <br /> SETTLEMENT AGREEMENT • _ _ + <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. 5-00-515 <br /> multiple components, which total in excess of the $10,000 ACL portion to be suspended. The <br /> City of Lodi has agreed to fund the remainder. The components include Aquatic Testing, Water <br /> Quality Monitoring, Riparian Habitat Curriculum Update, purchase of a non-point source <br /> pollution interpretive model, Lodi Lake Discovery Center Modifications, and part-time staffing <br /> to conduct the SEP. <br /> The Discharger anticipates expenditure of the full SEP cost by August 2001. By 1 August 2001, <br /> the Discharger will submit a comprehensive report detailing all work completed, a summary of <br /> allocated funding, and a description of the net benefits obtained. The cost of the SEP shall not be <br /> less than $10,000. <br /> 7. If the Discharger fails to complete the Work identified in the 28 September 2000 SEP workplan, <br /> the Discharger shall pay the suspended ACL amount of$10,000 to the C&A Account within 30 <br /> days after the deadline for completion of the comprehensive report, notwithstanding any prior <br /> payments for the SEP. The Discharger shall submit the ACL payment to the Regional Board in <br /> the form of a check made payable to the State Water Resources Control Board Cleanup and <br /> Abatement Account in the amount of$10,000. <br /> S. In consideration of the Discharger's compliance with this Agreement, the Executive Officer <br /> agrees not to initiate any other administrative or judicial enforcement actions against the <br /> Discharger for the violations alleged in ACL Complaint No. 5-00-515. In consideration of the <br /> Executive Officer's settlement of ACL Complaint No. 5-00-515, the Discharger agrees to toll the <br /> statute of limitations. If the Discharger fails to fully comply with this Agreement, the Executive <br /> Officer and/or the Regional Water Board may take any administrative or judicial enforcement <br /> actions available, including reissuance of a complaint for administrative civil liability for the <br /> suspended portion of the ACL proposed in ACL Complaint No. 5-00-515. <br /> 9. In settling this matter, the Discharger does not admit to any of the findings of ACL Complaint <br /> No. 5-00-515 or that it has been or is in violation of its waste discharge requirements, the <br /> California Water Code, or any other federal, state, or local law or ordinance. <br /> 10. The Executive Officer has the authority to settle this matter in accordance with Water Code <br /> Section 13323 and Government Code Section 11415.60. <br /> 11:The Discharger agrees to waive its right to a hearing on the Complaint before the Regional <br /> Board. The Agreement is subject to a 30-day public comment period before it becomes final. <br /> 12. This Agreement is severable, should any provision be found invalid the remainder shall remain <br /> in full force and effect. <br /> 13. This Agreement may be executed in counterpart. <br />