HomeMy WebLinkAboutResolutions - No. 2009-115RESOLUTION NO. 2009-115
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
ADMINISTRATIVE SETTLEMENT WITH CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD FOR
ALLEGED DISCHARGE VIOLATIONS
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, on May 13, 2009, the City of Lodi received a draft Administrative Civil
Liability Complaint (ACLC) from the Board outlining alleged MMP's for non -serious discharge
violations that were not addressed in complaint R5-2008-0562 (which covered violations
between January 1, 2000 and December 31, 2007) plus violations that occurred between
January 1, 2008 and March 31, 2009. The purported violations are associated with operational
upsets, sampling errors, coliform limitation exceedences, and other minor issues; and
WHEREAS, on June 15, 2009, the City responded to the Draft ACLC agreeing with the
alleged violations and, at Council direction, requested the Board consider the Statute of
Limitations pursuant to Federal Clean Water Act (CWA) and the California Code of Civil
Procedure, Section 338(1). In the July 16, 2009 ACLC, the Board responds the Statute of
Limitations in the Clean Water Act does not apply to this type of administrative proceeding
because it applies only to actions by the Federal Government. Additionally, the administrative
action falls outside the scope of California Code of Civil Procedure, Section 338(1) because it
only applies to time limits on civil suits in the courts; and
WHEREAS, the California Water Code Section 13385 allows the Board to impose
administrative civil liabilities (fines) for each discharge violation that qualifies for an MMP. The
current MMP for both serious and non -serious violations is $3,000 per occurrence. Staff
recommends the City pay the fine of $21,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize payment for the alleged civil liability of $21,000 to the California Regional Water
Quality Control Board not previously addressed in Complaint R5-2008-0562 (Violations 6, 18-
20) plus violations which occurred from January 1, 2008 through March 31,2009.
Dated: August 19, 2009
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hereby certify that Resolution No. 2009-115 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 19, 2009, by the following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, Mounce, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
JOHL
City Clerk
2009-115