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r <br /> iR. aouuxo G.eeowe JR. <br /> ir_flt�. o.uxo" <br /> M"n°Ew Ro°emvez <br /> SEC COARY FOR <br /> Water Boards ia EEARI°""°"'"` <br /> Central Valley Regional Water Quality Control Board <br /> 10 September 2013 <br /> Phil Govea CERTIFIED MAIL <br /> Deputy Director of Public Works 7013 1710 0002 3644 5590 <br /> City of Manteca <br /> 1001 W. Center Street <br /> Manteca, CA. 95337 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT R5-2013-0568 FOR ASSESSMENT OF <br /> MANDATORY MINIMUM PENALTIES, CITY OF MANTECA, WOODWARD AVENUE UTILITY <br /> AND STREET IMPROVEMENT PROJECT, SAN JOAQUIN COUNTY <br /> Enclosed is an Administrative Civil Liability Complaint (Complaint), issued pursuant to California <br /> Water Code section 13385, for violations of Waste Discharge Requirements Orders R5-2008- <br /> 0081 (NPDES No. CAG995001) and R5-2008-0082 (NPDES No. CAG995002) by the City of <br /> Manteca (Discharger) at the Woodward Avenue Utility and Street Improvement Project <br /> (Facility). The Complaint charges the Discharger with administrative civil liability in the amount <br /> of fifty seven thousand dollars ($57,000), which represents the sum of accrued Mandatory <br /> Minimum Penalties (MMPs)for effluent limitation violations (identified in Attachment A of the <br /> Complaint) that occurred between 24 June 2011 and 26 February 2013. <br /> On 8 July 2013, Central Valley Water Board staff issued the Discharger a Notice of Violation <br /> and draft Record of Violations (ROV)for effluent limitation violations that occurred between 24 <br /> June 2011 and 26 February 2013. On 30 July 2013, the Discharger responded to the ROV, <br /> agreed with the violations and requested minor corrections. Board staff made the applicable <br /> corrections. Board staff also reassessed the violations and added the 5 October 2011 one-hour <br /> average total chlorine residual violation, as listed in Attachment A to the Complaint. <br /> Pursuant to Water Code section 13323, the Discharger may: <br /> • Pay the proposed administrative civil liability and waive its right to a hearing (Option #1 on <br /> the attached waiver form); <br /> • Ask that the hearing be postponed to facilitate settlement discussions or for other reasons <br /> (Options #2 or#3 on the attached waiver form), or <br /> • Contest the Complaint and/or enter into settlement discussions without signing the <br /> enclosed waiver. <br /> If the Central Valley Water Board does not receive a signed waiver by 8 October 2013, a <br /> hearing will be scheduled for the 5/6 December 2013 Board meeting in Rancho Cordova. This <br /> hearing will be governed by the attached Hearing Procedures, which have been approved by <br /> the Board Chair for use in adjudicating matters such as this one. Any objections to the Hearing <br /> Procedures must be received by David Coupe, whose contact information is listed in the <br /> Hearing Procedures, by 5 p.m. on 20 September 2013. <br /> KARL E. LONOLEY SCD, P.E.. CHAIR I PAMELA C. CREEDON P.E., SCEE, EXECUTIVE OFFICER <br /> 11020 Sun Center Drive#200,Rancho Cordova,CA 95670 I www.waterboards.ca.gov/c.ntralvall.y <br /> 0 RECYCLED PAPER <br />