SITE INFORMATION AND CORRESPONDENCE_2005-CURRENT

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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2006-0508 -3- MANDATORY PENALTY CITY OF MANTECA WASTEWATER QUALITY CONTROL FACILITY SAN JOAQUIN COUNTY 6. WDR Order No R5-2004-0028 includes, Effluent Limitations B.5., which states: "The discharge shall not have a pH less than 6.5 nor greater than 8.0." 7. CWC section 133850) provides exceptions to the assessment of mandatory penalties required by CWC section 13385(h) and (i). CWC section 133850) states, in part, the following: "Q) Subdivisions (h) and (i) do not apply to any of the following: "(3) A violation of an effluent limitation where the waste discharge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300 or Section 13308..." (emphasis added) 8. On 19 March 2004, pursuant to CWC section 13301, the Regional Water Board adopted Cease and Desist Order (CDO) No. R5-2004-0029. The Regional Water Board subsequently amended the CDO by Resolution No. R5-2004-0142 on 26 July 2004, and by Resolution No. R5-2006-0006 on 26 January 2006. Pursuant to CWC section 133850), while the Discharger is in compliance with the CDO, violations of Effluent Limitations B.1 through B.3 for aluminum, arsenic, copper, cyanide, electrical conductivity, iron, manganese, MBAS, nitrate, and nitrite contained in WDR Order No. R5-2004-0028 are not subject to the assessment of mandatory penalties. 9. From 1 September 2004 through 27 June 2005, the Discharger was out of compliance with the time schedule to assure compliance with Effluent Limitations B.1 through B.3 for arsenic, copper, cyanide, iron, manganese, and MBAS contained in the CDO. While not in compliance with the CDO, the Discharger was subject to the assessment of mandatory penalties for violations of Effluent Limitations B.1 through B.3 for arsenic, copper, cyanide, iron, manganese, and MBAS required by WDR Order No. R5-2004-0028. This Complaint includes the assessment of mandatory penalties for effluent violations for these parameters, which occurred while the Discharger was out of compliance with the CDO. 10. According to monitoring reports submitted by the Discharger through 30 March 2006, the Discharger committed fifty-three (53) serious violations during the period beginning 1 February 2005 and ending on 28 February 2006. The mandatory penalty for these serious violations is one hundred fifty-nine thousand dollars ($159,000). 11. According to monitoring reports submitted by the Discharger through 30 March 2006, the Discharger also committed sixteen (16) violations of effluent limitations that were not considered serious violations. All sixteen (16) non-serious violations are subject to mandatory penalties under CWC section 13385(i)(2). The