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F. Wally Sandelin 0 -2- 0 16 July 2009 <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 in the Complaint. This settlement will be <br /> considered final pending a 30-day period, starting from the date of this Complaint, during <br /> which time interested parties may comment on this action by submitting information to this <br /> office, attention Barry Hilton. Should the Central Valley Water Board receive new information <br /> or comments during this comment period, the Central Valley Water Board's Executive Officer <br /> may withdraw the complaint, return payment, and issue a new complaint. If the Central Valley <br /> Water Board does not hold a hearing on the matter, and if the terms of the final settlement are <br /> not significantly different from those proposed in the enclosed Complaint, then there will not be <br /> additional opportunities for public comment on the proposed settlement. <br /> If the Central Valley Water Board does not receive a signed waiver within 30 days of the date <br /> of this Complaint (by 17 August 2009), then a hearing will be scheduled for the <br /> 7/8/9 October 2009 Central Valley Water Board meeting in Rancho Cordova. The Central <br /> Valley Water Board's Prosecution Team has prepared the enclosed draft Hearing Procedure <br /> to govern the conduct of such a hearing. Any objections to this draft Hearing Procedure must <br /> be received by Lori Okun, whose contact information is listed in the draft Hearing Procedure, <br /> by 5 p.m. on 27 July 2009. <br /> Any comments or evidence concerning the enclosed Complaint must be submitted in <br /> accordance with the deadlines contained in the draft Hearing Procedure, unless these <br /> deadlines are changed by the Central Valley Water Board's Adjudicatory Team, either on their <br /> own accord or upon request. <br /> In order to conserve resources, this letter transmits paper copies of the documents to the <br /> Discharger only. Interested persons may download the documents from the Central Valley <br /> Water Board's Internet website at: <br /> http://www.waterboards.ca.gov/centraIvaIley/tentative orders/. <br /> Copies of these documents can also be obtained by contacting or visiting the Central Valley <br /> Water Board's office weekdays between 8:00 AM and 5:00 PM. <br /> If you have any questions or comments regarding the Administrative Civil Liability Complaint, <br /> please contact Barry Hilton at (916) 464-4762 or bhilton@waterboards.ca.gov. <br /> r <br /> WENDY WYE[ S <br /> Supervisor <br /> Compliance and Enforcement Section <br /> Enclosure: ACLC No. R5-2009-0555 <br /> Draft Hearing Procedures <br /> Hearing Waiver <br /> cc w/ encl: Mr. Kenneth Landau, Central Valley Water Board, Rancho Cordova <br /> Mr. Kenneth Greenberg, USEPA, Region 9, San Francisco <br /> Mr. Reed Sato, Office of Enforcement, SWRCB, Sacramento <br /> Mr. Patrick Pulupa, Office of Chief Counsel, SWRCB, Sacramento <br /> Ms. Lori Okun, Office of Chief Counsel, SWRCB, Sacramento <br /> Ms. Emel Wadhwani, Office of Chief Counsel, SWRCB, Sacramento <br /> Ms. Carol Oz, Department of Fish and Game, Region 2, Rancho Cordova <br /> San Joaquin County Environmental Health Department, Stockton <br /> Mr. Bill Jennings, California Sportfishing Protection Alliance, Stockton <br />