October 27, 2016 WDID 6A091807005 Robert Krilich, Owner CERTIFIED MAIL 7009 0820 0001 6638 8826 Tahoe Keys Marina and Yacht Club RETURN RECEIPT REQUESTED 1000 Royce Blvd. Oakbrook Terrace, IL 60181 WITHDRAWL OF SETTLEMENT OFFER NO. R6T-2016-0048 AND ISSUANCE OF REVISED SETTLEMENT OFFER NO. R6T-2016-0065: OFFER TO PARTICIPATE IN EXPEDITED PAYMENT PROGRAM RELATING TO VIOLATIONS OF THE NPDES PERMIT FOR TAHOE KEYS MARINA AND YACHT CLUB, TAHOE KEYS MARINA, SOUTH LAKE TAHOE, EL DORADO COUNTY, (ORDER NO. R6T-2011-0024, NPDES PERMIT NO. CAG616003) I am withdrawing Settlement Offer No. R6T-2016-0048, issued to Tahoe Keys Marina and Yacht Club on August 29, 2016. I am issuing a revised settlement offer which includes a revised mandatory minimum penalty (MMP). The revised MMP removes two May 5, 2016 violations previously identified in the August 29, 2016 Notice of Violation issued with Settlement Offer No. R6T-2016-0048. The violations have been removed due to sample preservation issues, reducing the MMP from $30,000 to $24,000. This letter is to notify Tahoe Keys Marina and Yacht Club (hereinafter referred to as “Permittee”) of alleged violations identified in the 2012 Annual Report and 2013 Annual Report, and to allow the Permittee to participate in the Lahontan Regional Water Quality Control Board’s (Water Board) Expedited Payment Program for Effluent and/or Reporting Violations (Expedited Payment Program) to address mandatory minimum penalties that must be assessed pursuant to California Water Code section 13385. NOTICE OF VIOLATIONS: Based on information in the 2012 and 2013 annual reports submitted February 8, 2013 and December 13, 2013, respectively, the Water Board alleges that the Permittee has violated the effluent limitations identified in the Notice of Violation (NOV) attached as “Enclosure 1”. The Permittee will have the opportunity to address the alleged violations as discussed below. STATUTORY LIABILITY: Subdivisions (h) and (i) of California Water Code section 13385 require the assessment of a mandatory minimum penalty of three thousand dollars ($3,000) for specified serious and chronic effluent limit violations. The Permittee is also subject to discretionary
Transcript
October 27, 2016 WDID 6A091807005 Robert Krilich, Owner CERTIFIED MAIL 7009 0820 0001 6638 8826 Tahoe Keys Marina and Yacht Club RETURN RECEIPT REQUESTED 1000 Royce Blvd. Oakbrook Terrace, IL 60181 WITHDRAWL OF SETTLEMENT OFFER NO. R6T-2016-0048 AND ISSUANCE OF REVISED SETTLEMENT OFFER NO. R6T-2016-0065: OFFER TO PARTICIPATE IN EXPEDITED PAYMENT PROGRAM RELATING TO VIOLATIONS OF THE NPDES PERMIT FOR TAHOE KEYS MARINA AND YACHT CLUB, TAHOE KEYS MARINA, SOUTH LAKE TAHOE, EL DORADO COUNTY, (ORDER NO. R6T-2011-0024, NPDES PERMIT NO. CAG616003) I am withdrawing Settlement Offer No. R6T-2016-0048, issued to Tahoe Keys Marina and Yacht Club on August 29, 2016. I am issuing a revised settlement offer which includes a revised mandatory minimum penalty (MMP). The revised MMP removes two May 5, 2016 violations previously identified in the August 29, 2016 Notice of Violation issued with Settlement Offer No. R6T-2016-0048. The violations have been removed due to sample preservation issues, reducing the MMP from $30,000 to $24,000. This letter is to notify Tahoe Keys Marina and Yacht Club (hereinafter referred to as “Permittee”) of alleged violations identified in the 2012 Annual Report and 2013 Annual Report, and to allow the Permittee to participate in the Lahontan Regional Water Quality Control Board’s (Water Board) Expedited Payment Program for Effluent and/or Reporting Violations (Expedited Payment Program) to address mandatory minimum penalties that must be assessed pursuant to California Water Code section 13385. NOTICE OF VIOLATIONS: Based on information in the 2012 and 2013 annual reports submitted February 8, 2013 and December 13, 2013, respectively, the Water Board alleges that the Permittee has violated the effluent limitations identified in the Notice of Violation (NOV) attached as “Enclosure 1”. The Permittee will have the opportunity to address the alleged violations as discussed below. STATUTORY LIABILITY: Subdivisions (h) and (i) of California Water Code section 13385 require the assessment of a mandatory minimum penalty of three thousand dollars ($3,000) for specified serious and chronic effluent limit violations. The Permittee is also subject to discretionary
Robert Krilich - 2 - October 27, 2016 administrative civil liabilities of up to ten thousand dollars ($10,000) per violation for each day in which the violation occurs, plus ten dollars per gallon discharged but not cleaned up in excess of 1,000 gallons. These mandatory minimum penalties and discretionary administrative civil liabilities may be assessed by the Water Board beginning with the date that the violations first occurred.1 The formal enforcement action that the Water Board uses to assess such liability is an administrative civil liability complaint, although the Water Board may instead refer such matters to the Attorney General’s Office for prosecution. If referred to the Attorney General for prosecution, the Superior Court may assess up to twenty-five thousand dollars ($25,000) per day per violation. In addition, the Superior Court may assess up to twenty-five dollars ($25) per gallon discharged but not cleaned up in excess of 1,000 gallons. OFFER TO PARTICIPATE IN EXPEDITED PAYMENT PROGRAM: The Permittee can avoid the issuance of a formal enforcement action and settle the alleged violations identified in the attached NOV by participating in the Water Board’s Expedited Payment Program. Details of the proposed settlement are described below and addressed in the enclosed documents. To promote resolution of these violations, the Water Board makes this Conditional Offer. The Permittee may accept this offer, waive its right to a hearing, and pay the mandatory minimum penalty of $24,000 for the violations described in the enclosed NOV. If the Permittee elects to do so, subject to the conditions below, the Water Board will accept that payment in settlement of any enforcement action that would otherwise arise out of the violations identified, above. Accordingly, the Water Board will forego issuance of a formal administrative complaint, will not refer the violations to the Attorney General, and will waive its right to seek additional discretionary civil liabilities for the violations identified in the enclosed NOV. The Expedited Payment Program does not address or resolve liability for any violation, other than the violations specifically identified, above, regardless of the date that the violations occurred. PERMITTEE’S OPTIONS FOR RESPONSE TO OFFER: If the Permittee accepts this offer, please complete and return the enclosed “Acceptance of Conditional Resolution and Waiver of Right to Hearing; Order” (Acceptance and Waiver) on or before November 21, 2016. If the Permittee chooses to contest the violations alleged in the enclosed NOV, please identify the violations and the basis for the challenge (factual error, affirmative defense, etc.) on or before November 21, 2016.
1 Please note that there are no statutes of limitation that apply to administrative proceedings to assess mandatory minimum penalties. See City of Oakland v. Public Employees’ Retirement System, (2002) 95 Cal.App.4th 29, 48; 3 Witkin, Cal. Procedure (4th ed. 1996) Actions, §405(2), p. 510.) Additionally, the State Water Resources Control Board had determined that the equitable doctrine of laches does not apply to mandatory minimum penalties. (State Water Board Order Nos. 2013-0053, 2013-0054, 2013-0055, 2013-0099.)
Robert Krilich - 3 - October 27, 2016 The Water Board staff will evaluate the contested violations and take one of two actions: 1. Water Board staff will determine that the violation(s) is not supported, dismiss the
alleged violation(s) in the CIWQS database, take no further action against the Permittee for the alleged violation(s), and notify the Permittee of that determination. Tahoe Keys Marina and Yacht Club will be given thirty (30) days from the date of receipt of the Water Board staff determination to complete and return the Acceptance and Waiver for the remainder of the violations; or
2. Water Board staff will determine that the alleged violation(s) is meritorious, and will
notify the Permittee of that determination. The Permittee will be given thirty (30) days from the date of receipt of the Water Board staff determination to complete and return the Acceptance and Waiver.
If the Permittee chooses not to make a payment in response to the Water Board staff’s determination, the Permittee should expect to be contacted regarding formal enforcement action that will be initiated with regard to the contested violations. In a formal enforcement action, the liability amount sought and/or imposed may exceed the liability amount set forth in this Conditional Offer. CONDITIONS FOR REGIONAL WATER BOARD ACCEPTANCE OF RESOLUTION: Federal regulations and the State Water Resources Control Board’s Enforcement Policy require the Water Board to publish and allow the public thirty (30) days to comment on any settlement of an enforcement action addressing NPDES permit violations (40 C.F.R. section 123.27(d)(2)(iii)). Upon receipt of the Permittee’s signed Acceptance and Waiver, Water Board staff will publish a notice of the proposed resolution of the violations. If no comments are received within the 30-day comment period, and unless there are new material facts that become available to the Water Board, the Water Board Executive Officer will execute the Acceptance and Waiver as a stipulated order assessing the uncontested mandatory minimum penalty amount pursuant to Water Code section 13385. If, however, significant comments are received in opposition to the settlement, this Offer may be withdrawn. In that case, the Permittee’s waiver pursuant to the Acceptance and Waiver will also be treated as withdrawn, and the violations will be addressed in a liability assessment proceeding. At the liability assessment hearing, the Permittee will be free to make arguments as to the alleged violations, and the Permittee’s agreement to accept this conditional offer will not in any way be binding or used as evidence against the Permittee. The Permittee will be provided with further information on the liability assessment proceeding. In the event the Acceptance and Waiver is executed by the Water Board Executive Officer, full payment of the assessed amount shall be due within thirty (30) calendar days after the Water Board Executive Officer’s action. In accordance with California
Robert Krilich - 4 - October 27, 2016 Water Code section 13385(n)(1), funds collected for violations of effluent limitations pursuant to section 13385 shall be deposited in the State Water Pollution Cleanup and Abatement Account. Accordingly, the $24,000 liability shall be paid by cashiers or certified check for $24,000, and made out to the “State Water Pollution Cleanup and Abatement Account”. Failure to pay the full penalty within the required time period may subject the Permittee to further liability. All responses to this Conditional Offer shall be submitted via email, under penalty of perjury, to:
Please include “Tahoe Keys Marina and Yacht Club EPL” and the WDID No. in the transmittal email’s subject line. Should you have any questions about this Conditional Offer or Notice of Violations, please contact Elizabeth van Diepen, Scientific Aid, at (530) 542-5492 ([email protected]), or Catherine Pool, Senior Water Resources Control Engineer, at (530) 542-5460 ([email protected]). _____________________ Lauri Kemper, P.E. Assistant Executive Officer Enclosures: 1. Notice of Violation 2. Acceptance of Conditional Resolution and Waiver of Right to Hearing; Order cc (w/enc): Regional Board Members Patty Z. Kouyoumdjian, Executive Officer, Lahontan Water Board Steve Sweet, Tahoe Regional Planning Agency Ken Kasman, Tahoe Regional Planning Agency Dennis Zabaglo, Tahoe Regional Planning Agency Jason Burke, Stormwater Program Coordinator, City of South Lake Tahoe Nickolaus Knight, Staff Counsel, Office of Enforcement, State Water Board Kim Niemeyer, Staff Counsel, Office of Chief Counsel, State Water Board Jay Kniep, QSP Robert Spinnato Catherine Pool, Lahontan Water Board Elizbeth van Diepen, Lahontan Water Board
October 27, 2016 WDID 6A091807005 Robert Krilich, Owner CERTIFIED MAIL 7009 0820 0001 6638 8826 Tahoe Keys Marina and Yacht Club RETURN RECEIPT REQUESTED 1000 Royce Blvd. Oakbrook Terrace, IL 60181 IN THE MATTER OF VIOLATION OF LAHONTAN ) WATER BOARD ORDER NO. R6T-2011-0024, ) NPDES PERMIT NO. CAG616003, ESTABLISHING ) NOTICE OF WASTE DISCHARGE REQUIREMENTS FOR THE ) VIOLATION TAHOE KEYS MARINA ) The purpose of this letter is to inform Tahoe Keys Marina and Yacht Club (hereinafter Permittee) that it is in violation of Lahontan Regional Water Quality Control Board (Water Board) Order No. R6T-2011-0024, Waste Discharge Requirement and National Pollutant Discharge Elimination System General Permit for Discharges of Storm Water Runoff Associated with Industrial Activities and Maintenance Dredging at Marinas in the Lake Tahoe Basin Hydrologic Unit – El Dorado and Placer Counties, NPDES Permit No. CAG616003 (2011 Marina Permit). The Order was adopted by the Water Board on April 13, 2011. Background The Permittee obtained coverage under the 2011 Marina Permit on June 14, 2011. The 2011 Marina Permit established numerical effluent limits of pollutants for discharges of storm water from Marina operations in Lake Tahoe. Permit Violations Permit section V.A.1 specifies effluent limits for storm water discharges to land treatment systems, surface waters, or municipal storm water collection systems. Based on the attached laboratory reports included in the 2012 and 2013 annual reports submitted on February 8, 2013 and December 13, 2013, respectively, the Water Board alleges that the Permittee has violated effluent limits for storm water discharges to surface waters prescribed by the permit. The specific effluent violations are:
Robert Krilich - 2 - October 27, 2016
Violation Date
Monitoring Location Constituent
Permit Effluent
Limit Reported
Value Violation
Type
March 14, 2012 TKM-B Iron
0.5 mg/L, Event
Discharge 0.68 mg/L Non-Serious
March 14, 2012 TKM-B Total
Nitrogen
0.5 mg/L, Event
Discharge 0.65 mg/L Non-Serious
March 14, 2012 TKM-B Turbidity
20 NTU, Event
Discharge 55 NTU Non-Serious
March 14, 2012
TKM-K (outlet) Turbidity
20 NTU, Event
Discharge 65 NTU
Non-Serious/ Chronic violation
March 14, 2012 TKM-B Oil and
Grease
2.0 mg/L, Event
Discharge 98 mg/L Serious
March 14, 2012
TKM-K (outlet)
Total Nitrogen
0.5 mg/L, Event
Discharge 1.0 mg/L Serious
March 14, 2012
TKM-K (outlet) Iron
0.5 mg/L, Event
Discharge 4.7 mg/L Serious
July 24, 2013 TKM-E Total
Nitrogen
0.5 mg/L, Event
Discharge 5.2 mg/L Serious
July 24, 2013 TKM-E Iron
0.5 mg/L, Event
Discharge 5.4 mg/L Serious
July 24, 2013 TKM-E Oil and
Grease
2.0 mg/L, Event
Discharge 5.9 mg/L Serious
July 24, 2013 TKM-E
Total Phosphorou
s 0.1 mg/L 0.22 mg/L Serious
Robert Krilich - 3 - October 27, 2016 Violations listed as “serious” exceed the effluent limits by 20 percent for a Group II pollutant or 40 percent for a Group I pollutant specified in Appendix A to section 123.45 of Title 40 of the Code of Federal Regulations. Pursuant to Water Code section 13385, subdivision (h), a mandatory minimum penalty of $3,000 shall be assessed for each serious violation. Violations listed as “chronic” exceed effluent limitations four or more times in a six month period. Pursuant to Water Code section 13385, subdivision (i); a mandatory minimum penalty of $3,000 shall be assessed for each chronic violation. The first three non-serious violations identified in the table, above, are included to demonstrate that a chronic violation has also occurred, but are not, themselves, subject to mandatory minimum penalties. Please contact me at (530) 542-5460 ([email protected]), or Elizabeth van Diepen, Scientific Aid, at (530) 542-5492 ([email protected]) if you have any questions regarding this matter. Catherine Pool, P.E. Senior Water Resources Control Engineer Enforcement and Special Projects Unit cc: Elizabeth van Diepen, Lahontan Water Board Exhibit 1: Excerpt from 2012 TKM Annual Report (2012 WETLab Report) Exhibit 2: Excerpt from 2013 TKM Annual Report (2013 WETLab Report) CP/ma/T: Tahoe Keys Marina MMP NOV File Under: ECM / WDID 6A091807005
Tahoe Keys Marina C/0 Robert Spinnato 2435 Venice Drive East South Lake Tahoe, CA 96150 Attn: Robin Eppard
Dear: Robin Eppard
e
OrderlD: 1203275
This is to transmit the attached analytical report. The analytical data and information contained therein was generated using specified or selected methods contained in references, such as Standard Methods for the Examination of Water and Wastewater, 18th & 19th editions, Methods for Detennination of Organic Compounds in Drinking Water, EPA·600/4·79·020, and Test Methods for Evaluation of Solid Waste, Physical/Chemical Methods (SW846) Third Edition.
The samples were received by WETLAB-Western Environmental Testing Laboratory in good condition on 3/14/2012. Additional comments are located on page 2 of this report.
If you should have any questions or comments regarding this report, please do not hesitate to call.
WETLAB'S Standard Terms and Conditions apply unless written agreements specify otherwise. Payment terms are Net 30.
ClienVColleclor altests to the validity and authent ily ol this (these sample( } and 1s (are} aware that tampe w t or 1 I yr sample(s) local1on . date or lime of collection m.iy be coni.1dered fraud and subje t lo legal action (NAC445 06 l o lhf' max 1num extent permitted hy law lhP. Chen! agrees to hmit the r,ab ty of WE TLAB for lhe C nt dan t th n I unlei.s other agreements are made rn wntmy Thi~ hm talion shall apply regardle,; of the c.i 1se of ;icttnn nr le lh n ,1
8/9/2013
Tahoe Keys Marina C/0 Robert Spinnato
2435 Venice Drive East
South Lake Tahoe, CA 96150 Attn: Robert Spinnato
Dear: Robert Spinnato
OrderlD: 13076./0
This is to transmit the attached analytical report. The analytical data and infonnation contained therein was generated using specified or selected methods contained in references, such as Standard Methods for the Examination of Water and Wastewater, 18th & 19th editions, Methods for Detennination of Organic Compounds in Drinking Water, EPA-600/4-79-020, and Test Methods for Evaluation of Solid Waste, Physical/Chemical Methods (SW846) Third Edition.
The samples were received by WETLAB-Westem Environmental Testing Laboratory in good condition on 7/26/2013. Additional comments are located on page 2 of this report.
If you should have any questions or comments regarding this report, please do not hesitate to call.
Sincerely,
~~~ Jennifer Delancy
QA Specialist
Page I of6
•
Western Environmental Testing Laboratory Report Comments
Rrnort lcrgrnd B - Blank contamination; Analylc: dclc:ctc:d above the method reporting hmat in an 11Ss01:ia1c:d blnnk
D - Reporting limit 1s elevated due to n:qu1n:d sample dilution
DF - Dilution Factor
IIT - Sample analyicd beyond the acccp1c:d holdin11 time
J - TI1e reported value 1s between the laboratory melhod detection hmn and the laboratory practical quant1tation hm11
M - Reported value is estimated; The sample matrix intcrfcn:d wnh the analys;s
MCL - Slate or EPA Muimum Contamination Level
N - There was insufficient sample available to perfonn a spike and/orduplfcate on lh:tS analytical batch .
NC - Not ealcuh11ed due 10 matrix interfen:nee
ND - Non-detc:cl n:sull; Indicates the result was below lhe reporting limn (RL)
Q - Reported value is estimated, The value f1iled lo meet QC crilcri.i for either precision or accuracy
RL - Reporting Limit or Practical Quantilatmn Limit
S - Surrogate recovery wu outside of lt bora1ory ucceptancc: limits due: to m:itrix interference. The .usoci:ued blanlc and LCS ~urrog~t~ recovery was within acceptance Ii mits
SC - Spike recovery not calculated. Sample concentration >4X lhc spike amount; therefore, the spike could not be adequately recovered
475 East Greg Strc:ct Suite #119
Sparks, NV 8943 I 177S) 355-0202
EPA Lab ID: NV00925 • F.LAP No 2S
!084 Lamoille llwy
Elko, NV 89SOI (i 7S) 777-9933
!!PA Lab ID- NV00926
3230 Polaris A ~c #4
Las Vegas, NV 89102 (702} 475-81199
ErA Lah In; NV00932
1hhoe Kt1y1 Marina C/0 Rob,rt SplllllOIO - I J0764D
Western Environmental Testing Laboratory Analytical Report
TaJai,e Kl)'I Marina C/0 Robert Spluato 2435 Venice .Drtve Eut
Soutll Lake Tahoe, CA 96150
.AUm RobcrtSpillllato
Phone: (175) 883-1600 Fu: (775) 883-16'6
Cu1Coiatr Sample Ith 11C.M-D1 "t!•
WETLAB 811111tl• ID1 1307640.001
I AHlyte Metllod
C-ail Cbanllla Hlfdnaa, Total (mr/L u CaCOJ) SM2340B Tow Phosphorous u P SM4500·P B TOIII Suapcodcd Sollcla(TSS) SM2'40D Total Nitropn Cale. Turbidicy (Nepbclomctric:) EPA 180.1 E1ccv,cal Conductivity SM2'108 Oil A Ora. (prirnmc) EPA 1664
QC13071235 Blank 5 Total Kjcldahl Niuogc:n EPA 3.51.2 ND
OC13071301 Blank 1 Oil & Grc:uc (gnmmc:trie) EPA 1664 ND QC13DB0042 Blank 1 Total Phosphomu, as P SM 4.SOO-P E ND QC13080042 Blank 2 Total Phosphorous as P SM4SOO-P E ND QC1308D042 Blank 3 Total Phosphorous as P SM 4.500-PE ND QC13080105 Blank 1 Tolal PhosphorouJ u P SM4.SOO-P E ND QC13080105 Blank2 Total Phosphorous as P SM 4.500-P E ND OC13080105 Blank 3 Total PhosphorouJ u P SM 4.SOO-P E ND
QC13071155 MS 1 Ni1ri1e Ni1rogcn EPA JOCJ.O I 30760},001 ND QC13071155 MS2 Nilnlc N11rugc:n EPA 300.0 130764)-002 0.091 QC13071156 MS 1 Nilralc: Nitrogen EPA 300.0 1307605· 00 I O.OKO QC13071156 MS2 Nitrate: Niuugcn EPA 300.0 I 307643-002 0.337 QC13071235 MS 1 Total Kjc:ldahl Nilrogcn EPA JSl.2 I 307616-00 I 0.232 CC13071235 M52 Tollll Kj c:ldahJ Nitrogen EPA JSl.2 1307617-005 146 QC13071235 MS3 local Kjch.lahl Nilrogcn EPA 3Sl.2 I 3076111-00S ND QC13071235 MS4 Total Kjcldahl N11msc:n EPA 351.2 1307577-00I a.sos OC13080042 MS 1 T 01111 Phosphorous as P SM 4500-P E 1307579-001 0.2117 QC13080042 MS2 Total Phosphorous 11S P SM4500-P E 1)07641-001 0.027 QC13080105 MS 1 Toi.DI Phosphorou~ as r SM 4500-P E ll07687-00I 0.136 QC13080105 MS2 Tolal Pho~phorous as P SM4500-P E 1307683-002 0.126 QC13080121 MS 1 Aluminum EPA 200,7 IJ07639· 00 I O.I02
Calcium EPA 200.7 I 307639-00 I 9_7}
Iron EPA 200.7 1307639-00] 0.321 Magnesium EPA 200,7 I 307639-00 I 2.62 Zinc: EPA 200.7 1307639-001 0.011!
ACCEPTANCE OF CONDITIONAL RESOLUTION AND WAIVER OF RIGHT TO HEARING; ORDER
Robert Krilich, Owner Tahoe Keys Marina and Yacht Club 1000 Royce Blvd. Oakbrook Terrace, IL 60181 Settlement Offer No. R6T-2016-0065 NPDES Permit No. CAG616003 By signing below and returning this Acceptance of Conditional Resolution and Waiver of Right to Hearing (Acceptance and Waiver) to the California Regional Water Quality Control Board, Lahontan Region (Water Board), Tahoe Keys Marina and Yacht Club (hereinafter referred to as “Permittee”) hereby accepts the “Offer to Participate in Expedited Payment Program” and waives the right to a hearing before the Water Board to dispute the allegations of violations described in the Notice of Violation (NOV), which is incorporated herein by reference. The Permittee agrees that the NOV shall serve as a complaint pursuant to Division 7, Chapter 5, Article 2.5 of the California Water Code and that no separate complaint is required for the Water Board to assert jurisdiction over the alleged violations through its Chief Prosecutor. The Permittee agrees to pay the penalties required by California Water Code section 13385, in the sum of $24,000 (Expedited Payment Amount), which shall be deemed payment in full of any civil liability pursuant to California Water Code section 13385 that otherwise might be assessed for the violations described in the NOV. The Permittee understands that this Acceptance and Waiver waives the Permittee’s right to contest the allegations in the NOV and the amount of civil liability for such violations. The Permittee understands that this Acceptance and Waiver does not address or resolve liability for any violation that is not specifically identified in the NOV. Upon execution by the Permittee, the completed Acceptance and Waiver shall be returned to:
Include “Tahoe Keys Marina EPL Acceptance” and the WDID No. in the transmittal email’s subject line. The Permittee understands that federal regulations set forth at title 40, Code of Federal Regulations, section 123.27(d)(2)(iii) require the Water Board to publish notice of and provide at least 30 days for public comment on any proposed resolution of an enforcement action addressing NPDES permit violations. Accordingly, this Acceptance and Waiver, prior to execution by the Water Board Executive Officer, will be published as required by law for public comment.
- 2 - If no comments are received within the notice period that causes the Water Board Executive Officer to question the Expedited Payment Amount, the Water Board Executive Officer will execute the Acceptance and Waiver. The Permittee understands that if significant comments are received in opposition to the Expedited Payment Amount, the offer on behalf of the Water Board to resolve the violations set forth in the NOV may be withdrawn. In that circumstance, the Permittee will be advised of the withdrawal and an administrative civil liability complaint may be issued and the matter may be set for a hearing before the Water Board. For such a liability hearing, the Permittee understands that this Acceptance and Waiver executed by the Permittee will be treated as a settlement communication and will not be used as evidence in that hearing. The Permittee further understands that once the Acceptance and Waiver is executed by the Water Board Executive Officer, the full payment required by the deadline set forth below is a condition of this Acceptance and Waiver. In accordance with California Water Code section 13385(n)(1), funds collected for violations of effluent limitations pursuant to section 13385 and 13385.1 shall be deposited in the State Water Pollution Cleanup and Abatement Account. Accordingly, the $24,000 liability shall be paid by a cashiers or certified check for $24,000, made out to the “State Water Pollution Cleanup and Abatement Account” referencing the number of this Settlement Offer. The payment must be submitted to the State Water Resources Control Board, Division of Administrative Services, Accounting Branch 1001 I Street, 18th Floor, Sacramento, California 95814, no later than thirty (30) days after the date the Acceptance and Waiver is executed by the Water Board Executive Officer. I hereby affirm that I am duly authorized to act on behalf of and to bind the Permittee in the making and giving of this Acceptance and Waiver. Tahoe Keys Marina and Yacht Club By: _______________________________ _________________________ (Signed Name) (Date) _______________________________ _________________________ (Printed or typed name) (Title) IT IS SO ORDERED PURSUANT TO WATER CODE SECTION 13385 Date: _________________________ By: _________________________________________ PATTY Z. KOUYOUMDJIAN EXECUTIVE OFFICER CP/ma/T: Tahoe Keys Marina MMP Acceptance of Expedited Payment Offer File Under: ECM / WDID 6A091807005
