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Californiaoegional Water Quality Cor*l Board <br /> Central Valley Region <br /> Karl E. Longley,ScD,P.E.,Chair <br /> Linda S.Adams Arnold <br /> Secretaryfor <br /> 11020 Sun Center Drive#200,Rancho Cordova,California 9567061 14 Schwarzenegger <br /> (916)464-4645 <br /> Governor <br /> Environmental � 7 <br /> Protection <br /> gov/centralvalley <br /> 16 July 2009 JUL 1 7 2009 <br /> ENU,f",i -1ENT HEALTH <br /> F. Wally Sandelin PERMIT/SERVICES CERTIFIED MAIL <br /> Public Works Director 7006 2150 000 7132 2453 <br /> City of Lodi <br /> P.O. Box 3006 <br /> Lodi, CA 95241-1910 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2009-0555 FOR ASSESSMENT <br /> OF MANDATORY MINIMUM PENALTIES, CITY OF LODI WHITE SLOUGH WATER <br /> POLLUTION CONTROL FACILITY, SAN JOAQUIN COUNTY <br /> Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to <br /> California Water Code section 13385, for violations of Waste Discharge Requirements <br /> (WDRs) Order Nos. 5-00-031 and R5-2007-0113 (NPDES No. CA0079243) by the City of Lodi <br /> White Slough Water Pollution Control Facility. The Complaint charges the City of Lodi <br /> (Discharger) with civil liability in the amount of twenty-one thousand dollars ($21,000). This <br /> represents the sum of accrued Mandatory Minimum Penalties for effluent limitation violations <br /> not addressed in Complaint R5-2008-0562 (violations 6, 18-20) plus violations which occurred <br /> from 1 January 2008 through 31 March 2009. <br /> On 13 May 2009, Central Valley Water Board staff issued a draft Record of Violations (ROV). <br /> On 15 June 2009, the Discharger responded and agreed with the violations. This Complaint <br /> increases the civil liability from $18,000 to $21,000 because violation 34, the fourth violation <br /> during the preceding 180 days, was incorrectly coded as exempt from MMPs. <br /> The Discharger requested consideration of the statute of limitations pursuant to the Federal <br /> Clean Water Act (CWA) and in the California Code of Civil Procedure, section 338(i). The <br /> statute of limitations in the CWA does not apply to this type of administrative proceeding <br /> because it only applies to actions by the federal government. This administrative action falls <br /> outside the scope of California Code of Civil Procedure, section 338(1) because it only applies <br /> to time limits on the commencement of civil suits in the courts. <br /> Pursuant to CWC section 13323, the Discharger may: <br /> • Pay the assessed civil liability and waive its right to a hearing before the Central Valley <br /> Water Board by signing the enclosed waiver (checking off the box next to item #4) and <br /> submitting it to this office by 17 August 2009, along with payment for the full amount; <br /> • Agree to enter into settlement discussions with the Central Valley Water Board and request <br /> that any hearing on the matter be delayed by signing the enclosed waiver (checking off the <br /> box next to item #5) and submitting it to this office by 17 August 2009; or <br /> • Contest the Complaint and/or enter into settlement discussions with the Central Valley <br /> Water Board without signing the enclosed waiver. <br /> California Environmental Protection Agency <br /> cli Recycled Paper <br />