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ADMINISTRhTIVE CIVIL LiABiLITY )MPLAINT R5-2008-0612 3- <br /> MANDATORY PENALTY <br /> LINCOLN CENTER ENVIRONMENT REMEDIATION TRUST <br /> SAN JOAOUIN COUNTY <br /> 8 According to the Discharger's self-monitoring reports. the Discharger committed six (6) <br /> serious Group II violations of the above effluent limitations contained in WDRs Order R5- <br /> 2005-0144 during the period beginning 1 January 2000 and ending 30 April 2008. These <br /> violations are defined as serious because measured concentrations of Group II <br /> constituents exceeded maximum prescribed levels by more than 20 percent on these <br /> occasions. The mandatory minimum penalty for these serious violations is eighteen <br /> thousand dollars ($18,000). A detailed list of the cited effluent violations is included in <br /> Attachment B. as part of this Complaint. <br /> 9 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 LINCOLN CENTER ENVIRONMENTAL REMEDIATION TRUST IS HEREBY GIVEN <br /> NOTICE THAT: <br /> 1 . The Assistant Executive Officer of the Central Valley Water Board proposes that the <br /> Discharger be assessed an Administrative Civil Liability in the amount of eighteen <br /> thousand dollars ($18,000) <br /> 2 A hearing on this matter will be held at the Central Valley Water Board meeting <br /> scheduled on 5/6 February 2009, unless the Discharger does either of the following <br /> by 22 December 2008: <br /> a) Waives the hearing by completing the attached form (checking off the box next to item <br /> #4) and returning it to the Central Valley Water Board along with payment for the <br /> proposed civil liability of eighteen thousand dollars ($18,000); or <br /> bl Agrees to enter into settlement discussions with the Central Valley Water Board and <br /> requests that any hearing on the matter be delayed by signing the enclosed waiver <br /> (checking off the box next to item #5) and returning it to the Board along with a letter <br /> stating the issued to be discussed in settlement negotiations. <br /> 3 If a hearing on this matter is held. the Central Valley Water Board will consider whether to <br /> affirm. reject. or modify the proposed Administrative Civil Liability. or whether to refer the <br /> matter to the Attorney General for recovery of judicial civil liability. <br /> f <br /> JACK E DEL CONTE, Assistant Executive Officer <br /> 21 November 2008 <br /> (Date) <br /> Attachment A Internal Memorandum <br /> Attachment B Record of Violations <br />