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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2008-0562 MANDATORY PENALTY IN THE MATTER OF CITY OF LODI WHITE SLOUGH WATER POLLUTION CONTROL FACILITY SAN JOAQUIN COUNTY This Complaint is issued to the City of Lodi, White Slough Water Pollution Control Facility, (hereafter Discharger) pursuant to California Water Code (CWC) section 13385, which authorizes the imposition of Administrative Civil Liability, CWC section 13323, which authorizes the Executive Officer to issue this Complaint, and CWC section 7, which authorizes the delegation of the Executive Officer's authority to a deputy, in this case the Assistant Executive Officer. This Complaint is based on findings that the Discharger violated provisions of Waste Discharge Requirements (WDRs) Order No. 5-00-031 and R5-2007-0113 (NPDES No. CA0079243). The Assistant Executive Officer of the Central Valley Regional Water Quality Control Board (Regional Water Board) finds the following: 1. The Discharger owns and operates a wastewater collection, treatment, and disposal system, and provides sewerage service for the City of Lodi. Treated wastewater is discharged to Dredger Cut, tributary to White Slough, tributary to Bishop Cut, tributary to the Sacramento-San Joaquin Delta, a water of the United States. 2. On 28 January 2000, the Regional Water Board adopted WDRs Order No. 5-00-031 to regulate discharges of waste from the water pollution control facility (WPCF). 3. On 10 September 2004, the Regional Water Board adopted Resolution No. R5-2004-0125, which extended certain compliance deadlines contained in WDRs Order No. 5-00-031 from 1 May 2004 to 21 January 2005. 4. On 14 September 2007, the Regional Water Board adopted WDRs Order No. R5-2007-0113, effective 3 November 2007, which contained new requirements and rescinded WDRs Order No. 5-00-031. 5. On 14 September 2007, the Regional Water Board adopted Time Schedule Order (TSO) No. R5-2007-0114, providing a time schedule and establishing interim effluent limits until 17 May 2010 for nitrate, nitrite, and manganese. 6. On 15 May 2008, the Regional Water Board sent the Discharger a draft Record of Violations. On 16 June 2008, the Discharger responded. After consideration of additional information submitted by the Discharger, Regional Water Board staff prepared a technical memorandum, included as Attachment B to this Complaint, and discussed in Finding No. 14 of this Complaint.