California Regional Water Quality Control Board

San Francisco Bay Region

Internet Address: http://www.swrcb.ca.gov

1515 Clay Street, Suite 1400, Oakland, California 94612

Phone (510) 622-2300 FAX (510) 622-2460

California Environmental Protection Agency

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Mr. Nick Franco Page 2 Angel Island State Park

MMP

Date: Date:

File No.: 2159.5002 (JE)

CERTIFIED MAIL NO.

RETURN RECEIPT REQUESTED

Mr. Nick Franco, Park Superintendent

Angel Island State Park

PO Box 318

Tiburon, CA 93920

RE: Amended Complaint No. R2-2002-0029

Dear Mr. Franco,

We have reexamined the Self Monitoring Program (SMP) adopted by Order N0. 93-22 and have discovered an inconsistency in the actual sampling point for influent to the treatment system and what is defined in the SMP. This actual sampling point, between the septic tank and Rotating Biological Contactor (RBC) phases of the treatment plant, represents a reduced influent strength, thereby could underestimate the removal efficiency for BOD and TSS. Due to the questionable validity of the influent data used to determine compliance with the 85% removal requirement, Complaint No. R2-2002-0029 has been modified to only include verifiable violations. As a result the penalty has been reduced from $102,000 to $33,000. You are required to submit a proposal within 30 days of this letter for an alternative influent sampling point(s) consistent with the definition in the SMP.

This item has been scheduled for the September 18, 2002 Board meeting.

Enclosed is amended Complaint No. R2-2002-0029. The Complaint alleges that 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.

Eleven of the violations are subject to a $3,000 minimum mandatory penalty, for a total penalty of $33,000.

I plan to bring this matter to the Regional Board at its September 18, 2002 meeting. You have two options:

1.  You can appear before the Board at the meeting to contest the matter. Written comments are due by September 7, 2002. At the meeting the Board may impose an administrative civil liability in the amount proposed or for a different amount; decline to seek civil liability; or refer the case to the Attorney General to have a Superior Court consider imposition of a penalty.

2.  You can waive the right to a hearing by signing the last page of the Complaint and checking the box. By doing so, you agree to pay the liability within 30 days of signing the waiver. In addition, please fax a copy of the signed waiver to attention of Joe Ernest at (510) 622-2460 no later than September 7, 2002.

If you have any questions please call Joe Ernest at (510) 622-2456.

Sincerely,

Loretta K. Barsamian

Executive Officer

Enclosure: Amended Complaint No. R2-2002-0029

California Environmental Protection Agency

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