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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2006-0508 <br /> MANDATORY PENALTY <br /> IN THE MATTER OF <br /> CITY OF MANTECA <br /> WASTEWATER QUALITY CONTROL FACILITY <br /> SAN JOAQUIN COUNTY <br /> This Complaint is issued to the City of Manteca (hereafter "Dishcharger) based on a <br /> finding of violations of Waste Discharge Requirements Order No. R6-3001-0028 <br /> (NPDES No. CA0081558), pursuant to California Water Code (CWC) section 13385, <br /> subdivision (h), and (i), which authorize the imposition of Administrative Civil Liability, <br /> and CWC Section 13323, which authorizes the Executive Officer to issue this <br /> Complaint. <br /> The Executive Officer of the Central Valley Regional Water Quality Control Board <br /> (Regional Water Board) finds the following: <br /> 1. The Discharger owns and operates the City of Manteca Wastewater Quality <br /> Control Facility, which provides sewerage service to the City of Manteca. Treated <br /> municipal wastewater is discharged to the San Joaquin River, a water of the <br /> United States, and part of the Sacramento-San Joaquin Delta. <br /> 2. On 19 March 2004, the Regional Water Board adopted WDR Order No. <br /> R5-2004-0028 (NPDES No. CA0081558) to regulate discharges of waste from the <br /> Wastewater Quality Control Facility. The Regional Water Board subsequently <br /> amended Order No. R5-2004-0028 on 5 August 2005 by adopting Resolution No. <br /> R5-2005-0110. <br /> 3. CWC section 13385(h) and (i) require assessment of mandatory penalties and <br /> state, in part, the following: <br /> CWC section 13385(h)(1) states, Notwithstanding any other provision of this <br /> division, and except as provided in subdivisions 6), (k), and (1), a mandatory <br /> minimum penalty of three thousand dollars ($3,000) shall be assessed for <br /> each serious violation." <br /> CWC section 13385 (h)(2) states, "For the purposes of this section, a <br /> "serious violation"means any waste discharge that violates the effluent <br /> limitations contained in the applicable waste discharge requirements for a <br /> Group 11 pollutant, as specified in Appendix A to Section 123.45 of Title 40 of <br /> the Code of Federal Regulations, by 20 percent or more or for a Group 1 <br /> pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the <br /> Code of Federal Regulations, by 40 percent or more." <br /> A , <br />