HomeMy WebLinkAboutResolutions - No. 2008-182RESOLUTION NO. 2008-182
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A `WAIVER OF 90 -DAY
HEARING REQUIREMENT FOR ADMINISTRATIVE CIVIL LIABILITY
COMPLAINT" FOR THE PURPOSE OF REMITTING PAYMENT FOR
THE CIVIL LIABILITYOF $21,OOOT0 THE CALIFORNIA REGIONAL
WATER QUALITY CONTROL BOARD FOR ALLEGED DISCHARGE
VIOLATIONS AND FURTHER APPROPRIATING FUNDS
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WHEREAS, the California Water Code Section 13385 allows the California
Regional Water Quality Control Board (Board) to impose administrative civil liabilities
(fines) for each discharge violation that qualified for a Mandatory Minimum Penalty
(MMP); and
WHEREAS, the current MMP for both serious and non -serious violations is
$3, OOOper occurrence; and
WHEREAS, on May 19, 2008, the City of Lodi received a draft Administrative
Civil Liability Complaint (ACLC) from the Board outlining alleged MMPs for 53 non-
serious discharge violations totaling $1 59,000, which occurred over the eight-year period
between January 1, 2000and December 31, 2007 and
WHEREAS, the City's wastewater consultants (West Yost & Associates), along
with legal counsel (Somach, Simmons and Dunn), assisted staff in preparing a June 16,
2008, response to the Board that outlined the City's position and contended only 2 of the
53 violations ($6,000pualified as MMPs; and
WHEREAS, upon review of the City's June 16, 2008, response, the Board
agreed to reduce the MMPs from $159,000to $21,000and issued ACLC No. R5-2008-
0562;and
WHEREAS, staff believes we have reached a point of diminishing returns in
negotiating the fine and the costs of engaging Board staff.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a `Waiver of 90 -Day Hearing Requirement for
Administrative Civil Liability Complaint" to waive the Board hearing requirement in
accordance with the terms of Item No. 4 and remit payment for the reduced civil liability
of $21,OOOfor alleged discharge violations occurring between January 1, 2000 and
December 31, 2007 and
BE IT FURTHER RESOLVED that funds in the amount of $21,000 be
appropriated from the Wastewater Fund for this payment.
Dated: September 3, 2008
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I hereby certify that Resolution No. 2008-182 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held September 3, 2008, by the
following vote:
AYES: COUNCIL MEMBERS —Hansen, Hitchcock, Johnson, Katzakian,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
4 . P
RANDIJOHL
City Clerk