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ADMINISTRATIVE CIVIL LIABIL*Y COMPLAINT NO. R5-2008-0562 • -3- MANDATORY PENALTY CITY OF LODI WHITE SLOUGH WATER POLLUTION CONTROL FACILITY SAN JOAQUIN COUNTY Monthly Weekly Daily Constituents Units Average Average Maximum Total Coliform MPN/100mL 23' -- 500 Monthly median value. This deadline was extended by Resolution R5-2004-0125 to 21 January 2005. 11. WDRs Order No. 5-00-031 Effluent Limitations No. B.3., states, in part: "The effluent shall not exceed the following limits in accordance with the time schedule in Provision H.2." Daily Monthly Weekly Daily Constituents Units Average Average Average Maximum Total Coliform Organisms MPN/100mL -- -- 2.24 23 4 As a 7-day median. Provision H.2 was amended by Resolution No. R5-2004-0125 to extend the time schedule for full compliance to 21 January 2005 from 30 April 2004. 12. WDRs Order No. 5-00-031 Effluent Limitations B.7., requires, in part, "The discharge shall not have a pH less than 6.5 nor greater than 8.5. " 13. WDRs Order No. R5-2007-0113 Effluent Limitations No. IV.A.1.e., Total Coliform Organisms, states: "Effluent total coliform organisms shall not exceed. i. 2.2 most probable number(MPN) per 100 mL, as a 7-day median; and ii. 23 MPN/100 mL, more than once in any 30-day period." 14. As described in the technical memorandum mentioned in Finding No. 6, the Regional Water Board makes the following adjustments to the draft Record of Violations (all violation numbers reference those contained in the draft Notice of Violation). • Total Coliform Organisms Violations 2-4, 32-36, 38-39. The Discharger claimed exemption from Mandatory Minimum Penalties because of a single operational upset. These violations were retained because the violations did not meet the Water Quality Enforcement Policy's standard for a single operational upset. • Total Coliform Organisms Violations 13-31. The Discharger documented that the violations were due to an improper sampling location; therefore, they were deleted. • Total Coliform-Organisms Violations32, 34-36, 39, 41-16, 51-52, 54, 57-62, 64-68, and 70. The Discharger requested that coliform results be one median violation per week. The effluent coliform limitation can be interpreted to be a static 7-day median. These violations were dismissed.