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STAFF REPORT 5 <br /> CITY OF STOCKTON <br /> 9. Economic Savings if any, resulting from the violation <br /> The City did not save money by violating the pH and chlorine residual <br /> requirements. However, the City postponed expenditures by not fixing the <br /> tertiary filters and the continuous monitoring systems. If these were <br /> operational , the fish kill might have been prevented. <br /> DETERMINATION OF AMOUNT <br /> Violation of Water Code Section 13350(a) is based on the finding that the City <br /> of Stockton acted negligently in allowing the discharge to continue and causing <br /> a fish kill . Under Section 13350(e) a civil liability may be imposed in an <br /> amount which shall not exceed $10.00 for each gallon discharged. A total of <br /> 25,000,000 gallons was discharged in violation of requirements which would <br /> result in a maximum liability of 250 million dollars. Considering all of the <br /> above factors staff is proposing 0.02% of the maximum liability which is <br /> $50,000. <br /> SUMMARY/CONCLUSIONS <br /> In summary, the City has experienced problems with coliform violations for some <br /> time. During its last attempt to resolve the problems, major chlorine and pH <br /> violations occurred, resulting in a kill of 5000 fish. Pertinent factors in the <br /> violations and the fish kill are: <br /> If equipment had been properly maintained and in working order the fish <br /> kill may have been prevented. <br /> If prudent operation was followed and the decision had been made to cease <br /> discharge to the River when the gravity of the violation was first dis- <br /> covered, the fish kill would have been prevented. <br /> If the City had known, as it should have, that flows in the river were low, <br /> it would have known that any violation would have greater impact on the <br /> river. <br /> In conclusion the City acted negligently in failing to prevent the violations <br /> which caused the fish kill , and in failing to quickly correct the violations <br /> once they were discovered. <br /> RECOMMENDATION <br /> Staff recommends the Board adopt the proposed Order requiring $50,000 admin- <br /> istrative liability, as written in complaint No. ACC-003 issued on 10 July 1985. <br /> 9/11/85:DTW:Jec <br /> i <br />