R2-2002-0029 Page 4

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION

AMENDED COMPLAINT NO. R2-2002-0029

MANDATORY PENALTY

IN THE MATTER OF

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

ANGEL ISLAND STATE PARK

MARIN COUNTY

This complaint to assess mandatory minimum penalties pursuant to Water Code Sections 13385 (h) and (i), is issued to the California Department of Parks and Recreation, Angel Island State Park (hereafter Discharger) based on a finding of violations of Waste Discharge Requirements Order No. 93-22 (NPDES No. CA0037401).

The Executive Officer finds the following:

1.  On March 17, 1993, the Regional Water Quality Control Board, San Francisco Bay Region (Regional Board) adopted Waste Discharge Requirements Order No. 93-22, for the Discharger, to regulate discharges of waste from this treatment plant.

2. Water Code Section 13385(h)(1) requires the Regional Board to assess a mandatory penalty of three thousand dollars ($3,000) for the first serious violation in any six-month period or in lieu of the penalty require the discharger to spend an equal amount for a supplemental environmental project or to develop a pollution prevention plan.

3.  Water Code Section 13385(h)(2) defines a serious violation as any waste discharge of a Group I pollutant that exceeds the effluent limitation by 40 percent or more, or any waste discharge of a Group II pollutant that exceeds the effluent limitation by 20 percent or more.

4.  Water Code Section 13385(i) requires the Regional Board to assess a mandatory minimum penalty of three thousand dollars ($3,000) for each violation, excepting the first three violations, for any of the following occurrences four or more times in any six-month period:

  1. Exceeding a waste discharge requirement effluent limitation.
  2. Failure to file a report pursuant to Section 13260.
  3. Filing an incomplete report pursuant to Section 13260.
  4. Exceeding a toxicity discharge limitation where the waste discharge requirements do not contain pollutant-specific effluent limitations for toxic pollutants.

5.  Order No. 93-22 includes the following effluent limitations:

B. Effluent Limitations

1.  The effluent shall not exceed the following limits:

a.  Biochemical Oxygen Demand daily maximum of 60 mg/l, weekly average of 45 mg/l and monthly average of 30 mg/l

f.  The total coliform bacteria for a median of five consecutive effluent samples shall not exceed 240 per 100 milliliters.

Summary of All Violations

6.  According to monitoring reports received, there were a total of 15 violations of your NPDES permit during the period between January 1, 2000 and December 31, 2001. There were six biochemical oxygen demand (BOD) effluent limit violations: one daily maximum limit violation on June 14, 2000; two weekly average violations on June 10 and June 17, 2000; and three monthly average violations on May 31, June 30 and August 31, 2000. There were nine total coliform 5 sample moving median effluent limit violations on July 26, August 2, August 16, August 23, August 30 September 5, September 14 and October 4, 2000 and July 3, 2001. A listing of these violations is presented in Table 1.

Biochemical Oxygen Demand Violations

7.  The BOD monthly average violation on May 31, 2000 is not a serious violation under Section 13385 (h)(1). It is not subject to mandatory penalty under Section 13385 (i) as it is the first violation within the preceding 180 days. The June 30, 2000 BOD violation is a serious violation because BOD is a Group I pollutant and the violation exceeded the effluent limitation by 40 percent or more. The August 31, 2000 BOD monthly average violation is subject to mandatory penalty under Section 13385 (i) as there are four or more violations within the preceding 180 days. The mandatory minimum penalty for each of the two BOD monthly average violations is $3,000, for a total penalty of $6,000.

8.  The BOD weekly average violation on June 10, 2000 is not a serious violation under Section 13385 (h)(1). It is not subject to mandatory penalty under Section 13385 (i) as it is the second violation within the preceding 180 days. The June 17, 2000 BOD weekly average violation is a serious violation under Section 13385 (h)(1) because BOD is a Group I pollutant and the violation exceeds the effluent limitation by 40 percent or more. The mandatory minimum penalty for the June 17, 2000 BOD weekly average violations is $3,000.

9.  The BOD daily maximum violation on June 14, 2000 is not a serious violation under Section 13385 (h)(1). It is not subject to mandatory penalty under Section 13385 (i) as it is the third violation within the preceding 180 days

Coliform Violations

10.  The nine total coliform 5 sample moving median violations are not serious violations under Section 13385 (h)(1). The first eight violations on July 26, August 2, August 16, August 23, August 30 September 5, September 14 and October 4, 2000 are subject to mandatory penalty under Section 13385 (i) as there are four or more violations within the respective preceding 180 days. The violation on July 3, 2001 is not subject to mandatory penalty under Section 13385 (i) as it is the first violation within the preceding 180 days The mandatory minimum penalty for each violation is $3,000, for a total penalty of $24,000.

Conclusion

11.  Eleven of the 15 violations in findings 7 through 10 are subject to a $3,000 mandatory minimum penalty, for a total penalty of $33,000. The violations and associated fines are summarized in Table 1.

12.  In lieu of the $3,000 penalty for the first serious violation in the preceding 180 days the discharger may be permitted to complete a pollution prevention plan (PPP) or conduct a supplemental environmental project (SEP) approved by the Executive Officer.

THE DEPARTMENT OF PARKS AND RECREATION IS HEREBY GIVEN NOTICE THAT:

1.  The Executive Officer of the Regional Board proposes that the Discharger be assessed a mandatory minimum penalty in the amount of $ 33,000.

2.  A hearing shall be held by the Regional Board on September 18, 2002 unless the Discharger agrees to waive the hearing and pay the mandatory minimum penalty of $33,000 in full, or pay $30,000 and propose a PPP or an SEP equivalent to $3,000.

3.  You can waive the right to a hearing by signing the last page of the Complaint and checking the appropriate box. By doing so, you agree to pay the liability within 30 days of signing the waiver.

4.  If a hearing is held, the Regional Board will consider whether to affirm, reject, or modify the proposed penalty, or whether to refer the matter to the Attorney General to have a Superior Court consider imposition of a penalty.

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Loretta K. Barsamian

Executive Officer

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Date

WAIVER

[ ] By checking the box I agree to waive my right to a hearing before the Regional Board with regard to the violations alleged in Complaint No. R2-2002-0029 and to remit payment for the civil liability imposed to the State Water Resources Control Board at 1515 Clay Street, Oakland CA 94612. I understand that I am giving up my right to argue against the allegations made by the Executive Officer in this Complaint, and against the imposition of, or the amount of, the civil liability proposed. I further agree to remit payment for the civil liability imposed within 30 days after signing this waiver.

[ ] By checking the box I agree to waive my right to a hearing before the Regional Board with regard to the violations alleged in Complaint No. R2-2002-0029 and to complete a pollution prevention plan or conduct a supplemental environmental project in lieu of the civil liability imposed for the first serious violation, subject to approval by the Executive Officer. If the pollution prevention plan or supplemental environmental project is not acceptable to the Executive Officer, I agree to pay the civil liability within 30 days of a letter from the Executive Officer denying the approval of the proposed project. I understand that I am giving up my right to argue against the allegations made by the Executive Officer in this Complaint, and against the imposition of, or the amount of, the civil liability proposed. I further agree to complete a pollution prevention plan or conduct a supplemental environmental project approved by the Executive Officer within a time schedule set by the Executive Officer.

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Name (print) Signature

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Date Title/Organization

R2-2002-0029 Page 4

DATE / POLLUTANT / EFFLUENT / REPORTED / COMMENTS
Finding / LIMIT / VALUE / Penalty / Comment / Start of
No. / Chronic / Serious / 180 days
7 / 5/31/00 / E-001 BOD 5 Day Eff Monthly Average mg/l / Max30 / 39 / C1 / 1-Jan-00
8 / 6/10/00 / E-001 BOD 5 Day Eff Weekly Average mg/l / Max45 / 58.5 / C2 / 1-Jan-00
9 / 6/14/00 / E-001 BOD 5 Day Eff Daily Maximum mg/l / Max60 / 67.2 / C3 / 1-Jan-00
8 / 6/17/00 / E-001 BOD 5 Day Eff Weekly Average mg/l / Max45 / 67.2 / SEP / $3,000 / 1-Jan-00
7 / 6/30/00 / E-001 BOD 5 Day Eff Monthly Average mg/l / Max30 / 62.85 / S / $3,000 / 2-Jan-00
10 / 7/26/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 500 / $3,000 / 28-Jan-00
10 / 8/2/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 500 / $3,000 / 4-Feb-00
10 / 8/16/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 500 / $3,000 / 18-Feb-00
10 / 8/23/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 500 / $3,000 / 25-Feb-00
10 / 8/30/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 500 / $3,000 / 3-Mar-00
7 / 8/31/00 / E-001 BOD 5 Day Eff Monthly Average mg/l / Max30 / 34.3 / $3,000 / 4-Mar-00
10 / 9/5/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 1600 / $3,000 / 9-Mar-00
10 / 9/14/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 500 / $3,000 / 18-Mar-00
10 / 10/4/00 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 500 / $3,000 / 7-Apr-00
10 / 7/3/01 / E-001 Total Coliform Eff 5Samp MovingMed mpn/100ml / Max240 / 350 / C1 / 4-Jan-01
Number of Chronic Violations / 9 / $27,000
Number of Serious Violations / 2 / $6,000
Total Penalty 2000 / - 2001 / $33,000
Notations
C(x) - Running chronic violation. First three are not penalized,
fourth and subsequent violations are penalized at $3,000 per violation,
S - serious violation, penalized at $3,000 per violation.
SEP - Serious violation eligible for SEP or PPP