SITE INFORMATION AND CORRESPONDENCE_2008-2015

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Mr. Mark Adams • - 2 - • 21 November 2008 If the Discharger chooses to sign the waiver and pay the assessed civil liability, this will be considered a tentative settlement of the violations in the Complaint. This settlement will be considered final pending a 30-day period, starting from the date of this Complaint, during which time interested parties may comment on this action by submitting information to this office, attention to Duncan Austin. Should the Central Valley Water Board receive new information or comments during this comment period, the Central Valley Water Board's Assistant Executive Officer may withdraw the complaint, return payment, and issue a new complaint. If the Central Valley Water Board does not receive a signed waiver within 30 days of the date of this Complaint (i.e., by 22 December 2008), then a hearing will be scheduled for the 5/6 February 2009 Central Valley Water Board meeting in Rancho Cordova. If a hearing on this matter is held, the Central Valley Water Board will consider whether to issue, reject, or modify an Administrative Civil Liability Order based on the enclosed Complaint, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. Modification of the proposed Administrative Civil Liability Order may include increasing the dollar amount of the assessed civil liability. Specific notice about this hearing and its procedures will be provided under separate cover. Any comments or evidence concerning the enclosed Complaint must be submitted to this office, attention to Duncan Austin, no later than 5 p.m. on 22 December 2008. This includes material submitted by the discharger to be considered at a hearing and material submitted by interested parties, including members of the public, who wish to comment on the proposed settlement. If the Central Valley Water Board does not hold a hearing on the matter, and the terms of the final settlement are not significantly different from those proposed in the enclosed Complaint, then there will not be additional opportunities for public comment on the proposed settlement. Written materials received after 5 p.m. on 22 December 2008 will not be accepted and will not be incorporated into the administrative record if doing so would prejudice any party. If you have any questions or comments regarding the Administrative Civil Liability Complaint, please contact Duncan Austin at (916) 445-4712. ANTONIA J. K. VORSTER SUPERVISING WATER RESOURCE CONTROL ENGINEER Cleanup Section Enclosures: ACLC No. R5-2008-0612 Technical Memorandum cc w/encl: Ms. Pamela Creedon, Executive Officer Mr. Dan Radulescu, CVRWQCB, Rancho Cordova Mr. Kenneth Greenberg, USEPA, Region 9, San Francisco Mr. Patrick Pulupa, Office of Chief Counsel, SWRCB, Sacramento