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ADMINISTRATIVE CIVIL LIA6ITY COMPLAINT NO. R5-2008-0562 -4- <br /> MANDATORY PENALTY <br /> CITY OF LODI <br /> WHITE SLOUGH WATER POLLUTION CONTROL FACILITY <br /> SAN JOAQUIN COUNTY <br /> • Total Coliform Organisms Violation 71. The Discharger documented that the <br /> exceedance was due to a sampling error and further documented that it had <br /> previously documented the sampling error. This violation was dismissed. <br /> • pH Violation 37. The Discharger claimed that this was not a violation because it only <br /> lasted three hours. This violation was retained but did not result in assessment of an <br /> MMP because it was only the second violation during the preceding 180 days. <br /> • No Surface Water Discharge Violations 46 and 54. The Discharger documented that <br /> there was no discharge to surface waters. These violations were dismissed. <br /> • Liability Adjustments Violations 37, 48, 49, 53, and 56. Violations 37, 48, 49, 53, and <br /> 56, after deleting other violations, are the third or fewer violations during a preceding <br /> 180 day period and do not result in assessed MMPs. <br /> 15. According to the Discharger's self-monitoring reports, the Discharger committed twenty- <br /> five (25) non-serious violations of the above effluent limitations contained in Order Nos. <br /> 5-00-031 and R5-2007-0113 during the period beginning 1 January 2000 and ending <br /> 31 December 2007. Seven (7) of the non-serious violations are subject to mandatory <br /> penalties under CWC section 13385(i)(1) because these violations were preceded by <br /> three or more similar violations within a six-month period. The mandatory minimum <br /> penalty for these non-serious violations is twenty-one thousand dollars ($21,000). <br /> 16. The total amount of the mandatory penalties assessed for the cited effluent violations is <br /> twenty-one thousand dollars ($21,000). A detailed list of the cited effluent violations is <br /> included in Attachment A, a part of this Complaint. <br /> 17. Issuance of this Administrative Civil Liability Complaint to enforce CWC Division 7, <br /> Chapter 5.5 is exempt from the provisions of the California Environmental Quality Act <br /> (Pub. Resources Code section 21000 et seq.), in accordance with California Code of <br /> Regulations, title 14, section 15321(a)(2). <br /> THE CITY OF LODI WHITE SLOUGH WATER POLLUTION CONTROL FACILITY IS <br /> HEREBY GIVEN NOTICE THAT: <br /> 1. The Assistant Executive Officer of the Regional Water Board proposes that the <br /> Discharger be assessed an Administrative Civil Liability in the amount of twenty-one <br /> thousand dollars ($21,000). <br /> 2. A hearing on this matter will be held at the Regional Water Board meeting scheduled on <br /> 23/24 October 2008, unless the Discharger does either of the following by <br /> 15 September 2008: <br />