SITE INFORMATION AND CORRESPONDENCE_2008-2015

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ADMINISTRATIVE CIVIL LIABILITfOMPLAINT R5-2008-0612 MANDATORY PENALTY -2- LINCOLN CENTER ENVIRONMENTAL REMEDIATION TRUST SAN JOAQUIN COUNTY Notwithstanding any other provision of this division, and except as provided in subdivisions (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 II 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 (j), (k), and (1), 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. 5 CVVC 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. 6. WDRs Order 98-062 Effluent Limitations B.1, include, in part, the following effluent limitations: "The effluent shall not exceed the following limits." Constituents Units Monthly Daily .Average Maximum Tetrachloroethylene pg/I 5 10 7 On 4 September 2008, Board staff issued the Discharger a Notice of Violation and draft Record of Violations identifying violations of WDRs Orders 98-062 and R5-2005-0144 that are subject to mandatory minimum penalties. The draft Record of Violations covers the period from 1 January 2000 through 30 April 2008. Comments were received from the Discharger, dated 30 September 2008. Attachment A to this Complaint is a Memorandum addressing the Discharger's comments. Attachment B to this Complaint is the final Record of Violations that identifies six serious violations that are subject to MMPs during the period from 1 January 2000 through 30 April 2008.