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WAIVER OF 90-DAY HEARING REQUIREMENT FOR ADMINISTRATIVE CIVIL LIABILITY COMPLAINT By signing this waiver, I affirm and acknowledge the following: 1. I am duly authorized to represent the City of Lodi, White Slough Water Pollution Control Facility (hereinafter "Discharger") in connection with Administrative Civil Liability Complaint No. R5-2008-0562 (hereinafter the "Complaint"); 2. 1 am informed that California Water Code section 13323, subdivision (b), states that, "a hearing before the regional board shall be conducted within 90 days after the party has been served"with the Complaint; 3. 1 hereby waive any right the Discharger may have to a hearing before the California Regional Water Quality Control Board, Central Valley Region (Regional Water Board) within ninety (90) days of service of the Complaint; and 4. ❑ (Check here if the Discharger will waive the hearing requirement and will pay the fine) a. I certify that the Discharger will remit payment for the civil liability imposed in the amount of twenty- one thousand dollars ($21,000) by check, which contains a reference to "ACL Complaint No. R5-2008-0562" and is made payable to the "State Water Pollution Cleanup and Abatement Account." Payment must be received by the Regional Water Board by 15 September 2008 or this matter will be placed on the Regional Water Board's agenda for adoption as initially proposed in the Complaint. b. I understand the payment of the above amount constitutes a settlement of the Complaint, and that any settlement will not become final until after the 30-day public notice and comment period mandated by Federal regulations (40 CFR 123.27) expires. Should the Regional Water Board receive new information or comments during this comment period, the Regional Water Board's Assistant Executive Officer may withdraw the complaint, return payment, and issue a new complaint. New information or comments include those submitted by personnel of the Regional Water Board who are not associated with the enforcement team's issuance of the Complaint. c. I understand that payment of the above amount is not a substitute for compliance with applicable laws and that continuing violations of the type alleged in the Complaint may subject the Discharger to further enforcement, including additional civil liability. -or- 5. ❑ (Check here if the Discharger will waive the 90-day hearing requirement, but will not pay at the current time) I certify that the Discharger will promptly engage the Regional Water Board staff in discussions to resolve the outstanding violation(s). By checking this box, the Discharger is not waiving its right to a hearing on this matter. I understand that this waiver is a request to delay the hearing so the Discharger and Regional Water Board staff can discuss settlement. It does not constitute the Regional Water Board's agreement to delay the hearing. A hearing on the matter may be held before the Regional Water Board if these discussions do not resolve the liability proposed in the Complaint. The Discharger agrees that this hearing may be held after the 90-day period referenced in California Water Code section 13323 has elapsed. 6. If a hearing on this matter is held, the Regional Water Board will consider whether to issue, reject, or modify the proposed Administrative Civil Liability Order, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. (Print Name and Title) (Signature) (Date)