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0. 0 <br /> California Regional Water Quality Control Board <br /> Central Valley Region <br /> e <br /> Steven T.Butler,Chair <br /> Winston H.Hickox Gray Davis <br /> Secretaryfor Sacramento Main Office Governor <br /> Environmental Internet Address: http://www.swrcb.ca.gov/—rwgcb5 <br /> Protection 3443 Routier Road,Suite A,Sacramento,California 95827-3003 <br /> Phone(916)255-3000•FAX(916)255-3015 <br /> Mr. Richard C. Prima, Jr. 2 October 2000 <br /> Public Works Director <br /> City of Lodi <br /> Post Office Box 3006 <br /> Lodi, CA 95241 <br /> RESPONSE TO ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. 5-00-515, CITY OF <br /> LODI, WHITE SLOUGH WATER POLLUTION CONTROL PLANT, SAN JOAQUIN COUNTY <br /> We have received your 28 September 2000 proposal to settle the Administrative Civil Liability <br /> Complaint No. 5-00-515 (ACL) issued to the City of Lodi on 9 June 2000 in the amount of$20,000. <br /> In a meeting held at our office on 23 June 2000 we discussed the ACL and possible Supplemental <br /> Environmental Projects (SEPs)to reduce the fine. We indicated at the meeting that in the vast majority <br /> of circumstances the value of the SEP fine offset may not exceed one half of the ACL amount. The City <br /> then waived its right to a hearing within 60 days and was allowed until 29 September 2000 to provide a <br /> response and SEP proposal. Your submitted proposal for a SEP involves water quality/environmental <br /> education focusing on the Mokelumne River and Lodi Lake. While we agree that the SEP has merit, we <br /> cannot accept your proposal to apply 100% of the ACL fine amount to the project, whereas 50%would <br /> have been acceptable. <br /> At this time we have no alternative but to schedule this item for a Board hearing on 8 December 2000. <br /> At the hearing the Board may increase or decrease the fine, as well as consider a SEP. If you would like <br /> to resolve this issue without a Board hearing, please submit a revised proposal within 10 days of the <br /> date of this letter. The revision must include the SEP proposal to offset no more than $10,000 of the <br /> fine, a time schedule for implementation and reporting progress on the SEP, a check made payable to the <br /> State Water Resources Control Board in the amount of$10,000, and a waiver of your right to a hearing <br /> before the Regional Board. Any settlement will not be effective until the end of a 30 day comment <br /> period to allow interested persons to comment on the settlement proposal. <br /> Please call Patricia Leary at (916) 255-3023 or Robert Fagerriess at (916) 255-3022 if you have any <br /> questions. <br /> G Y M. CARLTON <br /> Executive Officer <br /> cc: see attached listing <br /> California Environmental Protection Agency <br /> ca Recycled Paper <br />