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ADMINISTRATIVE CIVIL LIAfAITY COMPLAINT NO. R5-2008-056240 -2- MANDATORY PENALTY CITY OF LODI WHITE SLOUGH WATER POLLUTION CONTROL FACILITY SAN JOAQUIN COUNTY 7. CWC sections 13385(h) and (i) require assessment of mandatory penalties and state, in part, the following: CWC section 13385(h)(1) states, "Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (1), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation." CWC section 13385 (h)(2) states, "For the purposes of this section, a `serious violation' means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group 11 pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more." CWC section 13385(i)(1) states, "Notwithstanding any other provision of this division, and except as provided in subdivisions Q), (k), and (I), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations: A) Violates a waste discharge requirement effluent limitation. B) Fails to file a report pursuant to Section 13260. C) Files an incomplete report pursuant to Section 13260. D) Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge requirements do not contain pollutant- specific effluent limitations for toxic pollutants." 8. CWC section 13323 states, in part: 'Any executive officer of a regional board may issue a complaint to any person on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability." 9. WDRs Order No. 5-00-031 Effluent Limitations No. B.1, states, in part: "The effluent shall not exceed the following limits." Monthly Weekly Daily Daily Constituents Units Average Average Average Maximum Total Suspended Solids mg/L 202 402 -- 502 2 To be ascertained by a flow proportional 24-hour composite sample. 10. WDRs Order No. 5-00-031 Effluent Limitations No. B.2. states, in part: "Interim total coliform organism and BOD wastewater effluent limits shall be in effect through 30 April 2004. The interim effluent limits are as follows:"