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STAFF REPORT 4 <br /> CITY OF STOCKTON <br /> These factors were considered as follows: <br /> 1. Nature and circumstance <br /> Conditions such as low river flows, river flow reversal , and low DO' s in <br /> the river requiring tertiary treatment, are not unusual . The City should <br /> be prepared to operate under these circumstances to comply with require- <br /> ments. The requirements are specifically designed to protect the river and <br /> its beneficial uses during this recurring critical period in the summer. <br /> The City should have maintained close control over its discharge and <br /> followed the most conservative practices during this critical period. <br /> 2. Extent <br /> Even though the City was aware of the high chlorine concentrations in the <br /> effluent, the violation was allowed to continue for 24 hours before it was <br /> corrected. <br /> 3. Gravity <br /> The gravity was such that 5,000 fish were killed. <br /> 4. Susceptibility to Cleanup and Abatement <br /> The discharge itself is not susceptible to cleanup or abatement. The <br /> effects of the discharge, however, could be partially mitigated by planting <br /> fish. This would not take into account any other aquatic life forms which <br /> may have been affected. <br /> 5. Ability to Continue in Business <br /> This civil liability is not expected to affect the ability of the City of <br /> Stockton to continue in business. The proposed amount of $50,000 is less <br /> than 1/2% of their fiscal 1984 sewer utility operating revenues of 10.9 <br /> million dollars. During fiscal 1984, plant revenues exceeded expenditures <br /> by 1.2 million dollars. <br /> 6. Voluntary cleanup efforts undertaken <br /> The discharge is not susceptible to cleanup efforts. We understand the <br /> City is making improvements to prevent recurrence (see Attachment F). <br /> 7. Prior history of violations <br /> Since June 1983 the City has violated their coliform daily maximum 28 <br /> times, their coliform monthly median once, their chlorine daily maximum 16 <br /> times and their pH daily maximum 30 times. No formal enforcement action <br /> was taken. <br /> 6. Degree of Culpability <br /> The City was in full control to discontinue the discharge at the time the <br /> high chlorine concentration was detected, but elected to discharge anyway <br /> resulting in a fish kill . <br /> = - y <br />