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• - , EDMUND G.BROWN JR. <br /> OPP <br /> EC E"n'FOR <br /> SORIOUEZ <br /> WaterBoards NVIRGNMENTAL RRGtEC,10N <br /> CentraB Malley Regional Water Quality Control Board <br /> R <br /> 11 January 2013 JAN 16 2013 <br /> ENV1R0NMFNr; N <br /> Larry Parlin CEI �'(40 L <br /> Deputy Public Works Director 7012 0470 0000 9904 2546 <br /> City of Lodi <br /> 1331 South Ham Lane <br /> Lodi, CA. 95242 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2013-0509 FOR ASSESSMENT OF <br /> MANDATORY MINIMUM PENALTIES, CITY OF LODI WHITE SLOUGH WATER POLLUTION <br /> CONTROL FACILITY, SAN JOAQUIN COUNTY <br /> Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to California <br /> Water Code section 13385, for violations of Waste Discharge Requirements Order R5-2007- <br /> 0113 (NPDES No. CA0079243) by the City of Lodi (Discharger) at its White Slough Water <br /> Pollution Control Facility. The Complaint charges the Discharger with administrative civil liability <br /> in the amount of nine thousand dollars ($9,000), which represents the sum of accrued <br /> Mandatory Minimum Penalties for effluent limitation violations (identified in Attachment A of the <br /> Complaint) that occurred from 1 April 2009 through 30 September 2012. <br /> On 8 November 2012, Central Valley Water Board staff issued a draft Record of Violations <br /> (ROV). On 3 December 2012, the Discharger responded and agreed with the violations. <br /> Pursuant to Water Code section 13323, the Discharger may: <br /> ■ Pay the proposed administrative civil liability and waive its right to a hearing (Option #1 on <br /> the attached waiver form); <br /> ■ Ask that the hearing be postponed to facilitate settlement discussions or for other reasons <br /> (Options #2 or#3 on the attached waiver form); or <br /> • Contest the Complaint and/or enter into settlement discussions without signing the <br /> enclosed waiver. <br /> If the Central Valley Water Board does not receive a signed waiver by 11 February 2013, a <br /> hearing will be scheduled for the 11/12 April 2013 Board meeting in Rancho Cordova. This <br /> hearing will be governed by the attached Hearing Procedures, which have been approved by <br /> the Board Chair for use in adjudicating matters such as this one. Any objections to the Hearing <br /> Procedures must be received by David Coupe, whose contact information is listed in the <br /> Hearing Procedures, by 5 p.m. on 21 January 2013. <br /> If the Discharger chooses to sign the waiver and pay the assessed civil liability, this will be <br /> considered a tentative settlement of the violations. The settlement will be considered final <br /> pending a 30-day comment period, starting from the date this Complaint is issued. Interested <br /> parties may comment on the proposed action during this period by submitting written comments <br /> KARL E. LONGLEY ScD, P.E., CHAIR I PAMELA C. CREEDON P.E., BCEE, EXECUTIVE OFFICER <br /> 11020 Sun Center Drive 4200,Rancho Cordova,CA 95670 1 www.waterboards.ca.gov/centralvalley <br /> L"REcr-EG RARER <br />