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California Wgional Water Quality Contoll Board 't <br /> Central Valley Region = ; <br /> Karl E. Longley,ScD,P.E.,Chair <br /> Linda S.Adams 11020 Sun Center Drive 4200,Rancho Cordova,California 95670-6114 Arnold <br /> Secretaryfor Phone(916)464-3291 •FAX(916)464-4645 Schwarzenegger <br /> Environmental Governor <br /> F�ttp:/J.vvaw.waterboards.ca.gov/centralvalley <br /> Protection IUJI� C E D <br /> 14 August 2008 AUG 1 8 2008 <br /> ENVIRONMENT HEALTH <br /> PERMIT/SERVICES <br /> F. Wally Sandelin CERTIFIED MAIL <br /> Public Works Director 7008 1140 0002 8805 4172 <br /> City of Lodi <br /> P.O. Box 3006 <br /> Lodi, CA 95241-1910 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2008-0562 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. 5-00-013 and R5-2007-0113 (NPDES No. CA0079243) by the City of Lodi <br /> White Slough Water Pollution Control Facility (Discharger). The Complaint charges the City of <br /> Lodi with civil liability in the amount of twenty one thousand dollars ($21,000), which <br /> represents the sum of accrued Mandatory Minimum Penalties for effluent limitation violations <br /> which occurred from 1 January 2000 through 31 December 2007. <br /> On 15 May 2008, Regional Water Board staff issued a draft Record of Violations (ROV). On <br /> 16 June 2008, the Discharger responded and stated that a number of the violations should be <br /> exempted from MMPs. Regional Water Board staff has prepared a technical memorandum <br /> analyzing the City's response and has adjusted the number of violations. This technical <br /> memorandum and ROV are found as attachments to the Complaint. <br /> Pursuant to CWC section 13323, the Discharger may: <br /> • Pay the assessed civil liability and waive its right to a hearing before the Regional Water <br /> Board by signing the enclosed waiver (checking off the box next to item #4) and submitting <br /> it to this office by 15 September 2008, along with payment for the full amount; <br /> • Agree to enter into settlement discussions with the Regional Water Board and request that <br /> any hearing on the matter be delayed by signing the enclosed waiver (checking off the box <br /> next to item #5) and submitting it to this office by 15 September 2008; or <br /> • Contest the Complaint and/or enter into settlement discussions with the Regional Water <br /> Board without signing the enclosed waiver. <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 /> California Environmental Protection Agency <br /> �aRecycled Paper <br />