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-lt ~ ~~ EDMUND G BROWN JR - - 1 GOVERNOR ~-
I I
~ MATTHEWRoDRIOUEZ
amp~~ SECRETARY FOR ~ ENVIRONMENTAL PROTECTION
California-Regional Water Quality Control Board San Diego Region
May 22013
Certified Mail shy Return Receipt Requested 7011 0470 0002 8961 7579
Mr Cal Johnson AmeriGan Recycling In reply refer to I attn 4070 Home Avenue 414999 wghoram
San Diego CA 92105
ORDER NO CR$-2013-0021 ENDORSEMENT OF PARTICIPATION IN THE SAN DIEIGO WATER BOARDS EXPEDITED PAYMENT PROGRAM AMERICAN RECYCLING
Mr Johnson
This Ord~r-~ndorses American Recycllngs participation In the California Regional Water Quality Control Boards (Safil Diego Water Board) E~pedi~ed Payment Program for a reportlng violatlonof Order No 97-03-0WQ NP06S NO CAS000001 State Water Resources Control Board General Permit For St0rm Water Discharges Associated With Industrial Activitiek No comments were received by the Sa_n Diego Water Board regarding fhe proposed resolution of the violation f copy of the endorsed Acceptance and Waiver is attached for your records
Your paymen-t of one thousand five hundred dollars ($1500) which was received on March 18 2013 finalizes the agreement to participate in the Expedited Payment Program Ncl further action by Ameri~an Re-cycllng is required
In the subject line of any response please include the reference nlJmber 414999wghoram For questions or comments please contact Ms Whitney Ghoram by phone at 858-467-2967 or by email at wghoramwaterboards ca gov
Respectfully
DAVID W GIBSON Executive Officer
QWG eme esb WJg
Enclosure Executed Acceptance and Waiver
TOMAS MORALES CHAIR I DAVID GIBSON EXECUTIVE OFFICER~ ____ _ __ ____ lt __ ----4_ _______-_ _ ___-___________ ____ _ ____ ~ _____ bull ____--___-~_ _ - __ _ ___ _ _ ____ ____ _ _~
9174 Sky Park Court SUite 100 San Diego CA 92123-4353 I (858) 467-2952 I wwwwaterboards ca govsandiego
) RECYCLED PAPER
Mr Cal Johnson -2- May 22013 American Recycling
cc (via email)
Ken Greenber9 U S E_PA greenmerg kenepamall epa gov Catherine Hagan State W~ter Board Office of Chief Counsel chaganwaterboards ca gOY
Laura Drabandt State -Water Bearci Office of Eoforcement Idrabandtwaterboards ca gov Greg Gearheart SWRCB DWQ ggearheaftwaterboards ca gov David Barke~ Surface Water Basms Branch dbarkerwaterboards ca gov Danny Martinez County of San Diego ~azardous Matenals DIvIsion danny martlnezsdcounty ca gov
- Tech Staff Infe amp Use I
Order No SMART~ Apphc ID
WDID NPDES No Violation I D
Enforcement I D
R9-2013-0Q21 414999 9 37102314~ CASOPOOO1 849252 4113A3
MORALES CHAIR DAVID GIBSON EXECUTIVE OFFICER
9174 Sky Park Court SUIte 100 San Diego CA 92123-4353 I (858) 467-2952 I www waterboards ca govsandlego
() ReCYCLED PAPER
l
-t )1 I f 1-11 G~ Bf4U j JII
~ (I~-Iln 111Q0-~_H
MJ rr~H I( Anun-thr (~~ I CIHI (U If
~ rWat~t Boarqs
Callfornia Reglonal Water QUallty Control Board San Diego Region
ATTACHMENT 1
ACCEPTANCE OP CONDITIONAL RESOLUrrON AND WAIVER QF RIG-HT TO HEARING (Proposed) ORDER -
Cal Johnson American Recycling
4070 Home Ave San Diego CA 92105
By signing below and returning fhtsAcceptance ot Conditional Resolution and Waiver of Rlght to Heanng (Acceptance and Warver) to tlle Callfornla Regional Water Quality Control Board
San DI~go Reglon (San Diego Water Board) Amerioan Recycling hereby accepts the lI Offer to Participate in the San DlegoWaler Boa~(fs Expedlted Payment ProgFam for Non-Filing Violations (Conqitlonal Ofter) and wal~es the right to a hearing b~fore the San Diego Water Board to dispute the allegations of lolatlons described In the Notices of Noncompliance attached hereto as Attachments 2 and 3 and Incorporated herein py refererlce
American Recyclin~g agrees that the Notices of Noncompliance attached hereto shall serve as a complaint purslIant to ArtJcle 75 of the Water Code and that no separate complalnt lls reqUired for ~he San Diego Water BoarQ to assert~Jurisdlctlon over the alleged violations I
through tfs Executlve Officer American ~Recycling agrees Jo perform the following
1 Suomlt all requested technical reports to the San Diego Water Board to
Cahfornla Regional Water Qualjty Contrql Board San Diego Region 9174 Sky Park Court Suite 100 shy San Oleg0 CA 92123
Attention ApplicafioA ID 414999 ~ghoram
2 Pay admlhlstratlve CIVil liability authorized by Water Code section 13399 30 In th$ sum of ONE THOUSAND FIVE HUNDR~D POLLAHS ($1 500) ~Expedlted Payment I
Amount) by cashiers check or by certified check made payable -to the State Water -Resourc~s Conttol B0ara State Wiater Board) for deposit In the Waste Discharge Perrfilt Fund~-whlch s+lall he deemed payment In fullfor ~he violatiOn desCribed In Ithe ~ Notices of NoncOmplJa~ce altaeh~p hereto as Attachments 2 and 3
I American Recycling Llnderstands that this Acceptance and Waiver waives ItS right to cpntest middot
tne allegatlorlS In the NOtiGes of Noncompl)ance attached hereto as Attachments 2 and 3 and
TOMAS MORALES CHAIR I DAVID IGI~SON EXECUWE OFFICER
9174 Sky Park Court SUite 100 San DIego C- 92123-4353 I (1158) 467 2952 I wwv Natrrboardc ca govsandlQ() n
toJ Recycled Pipir
Cal Johnson - 2 - Attachment 1 i American Recyclng ACgeptaAce and Walver i
the admmlstratlve clv1 liability ~mount for such violations
Amiddotmerlcan RecycliAg understands that the farlure to submit the-requested technical repdrtsl as Identified and descrJbed above shaJI result in the San Diego Water Board enforcement staff withdrawing Its Condltloha1 Offer and waiver pUfsu~nt to thfs Acceptance and WaIVer American Recycling will be advised of the wlthdr~wals Enforcement staff may Issue an administrative CIlll llablllty complaint and the rTatter may be set for a hearing] before the ~an Diego Water Board or the State Water Board American Recycling also understands that this Acceptance and Waiver dQes not address or resolve liability for any Violation that IS not I
specifically Identified In the Notrces Qf Noncompliance ctttached hereto as Attachments 2and
3
Upon execution by Ameiican Recycling return the Acceptance and Waiver to
California Regional Water Quality Control Board San Diego RegIon 9174 Sky Park Court SUIte 100 SanDlego CA92123 Attention Apptlieation lD 4middot1gt4999 wghoram
American Recycling understands that feqeral regulatlons set forth at titlE 40 Code of F~deralt
Regulations section 12327fd)(~)(iil) requirethe San Diego Water Board to pubhs~ notlc~ of and provlde at least tnl1Y (30) days for public commel1t on any proposed resolution of an enforcement action AdcordmgllYt this Acceptance and Walv~r prior to bemg Jormally executed by the EXECutlve Officer of the San Diego Water Board wIll be published as required by law for public comment
If no com ments are receIved wlthm theriotice penqd that calise the Execwhve Officer of the San Diego-Water Boardto reconsider the Expedited Payment Amount the Executive Officer Will fbrmally endorse this Acceptance and Waiver Resolution of these Violations Will preclude fOJmal enforcement action by the Sa_n Diego Water Board for the non-filing Violation alleged In
the Notices of Noncompliance attached as ittachme~ts 2 and 3
American Recycling undeJsfanGis that If sfgniflcarit comments are received In Opposition to the Expedited Payment Am0unf the offer on behalf Of the San Diego Water Boaro enforcement staff to resolve the VJOlatl0n set forth In the Notices of Noncompliance attached hereto as Attachments 2 and 3 may be wlfhdtawn If the San Diego Water Board offer IS
wlthdrawn t American Recychog Will be advIsed of that Withdrawal and American Recyclings waiver pursuant tp the Acceptance and Waiver wI1I also be treateG as Withdrawn and the unresolved vloation(s) Will be addressed In a formal enforcement actton An i
-- aamlnlstratlVe cIvil labIlity complEunfmay be issued and the matter may be set for a he~nng- shybefore the San Diego Water Board 0r the State Water ~oaJd For such a liability hearing American Recycling understands that thIs Acceptance andWalver endo~sed by American Recyclmg shan be treated as a s~ttlement communication and shall not be used as eVidence In that hearing
TOMAS MORALES CHAIR I DAVID GIBCON _EXECUTIVE OFFICER
9174 Sky Park Court Suite 100 San Diego CA 92123-4353 I (858) 467middot2952 I wwwwaterboards ca govsandlego tJ Recycled Paper
~AN UltfHJ KIljmiddotUNAI WATER Q(J~tITY I CONTROL BQ~~DCal Johnson Attachment 1 I
American Recycling Acceptance and Waiver j013 NoR i 8 APl 8 13
Ameri~al1 Recycling understands that once this Acceptance and Waiver is formally exe~uted by the Executive Officer of the San Dieo Water Board the full payment reqUired by the ~
lt deadJme1set forth b_elow IS a condition of ttllS Acceptance and Walvefi Am-erican Recycling agre~s to pay $1000 in liability under Wate-r Coqe seQtlon 1~39~L33(c) and $500 Ul staffGosts pursuant to section 1339933(d) American Recycling shall pay the Exmiddotpedlted Payment Amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1500) ey a cashiers check or certified check for the ful amount made payable to the State Water Resources Control Soard Jl
for deposit into the Waste Dlseharge Permit Fund American Recycling shall submit th~ payment to the San Diego Water Board no later than ten (10) calendar days after the date American Recycling receivesvritlen notice th~t the ExeclJtJve Officer of the San Diego Water
I
Board has formally endorsed this Accept~nce and Waiver I
I nereby affirm that I am duly authorized to act on behalf of and to bind American RecycUng In the making and giVing of this ACGeptpnce and Waiver gt I
(Company)
BY~~~
Signed arne) y
(Printed or typed name)
G-et ~ r I 11 ortl 4~ er 7
(TitJe)
IT IS 80 ORDERED PURSUANT TOGALIFORNIA WATER CODE SEC1iION 1339930
Date_ _gt_-__1~_----~3~_____
By iM~~G r DAVID W GIBSON Date
Executive Officer
TOMAS ~ORALES CHAIR I DAVID GIBSON EXECUTIVE QFACER
9174 Sky park Court Suite 100 San ~le90~ CA 92123-4353 I (8S8) 467-2952 I www wilterboards ca govsandlego
C Rflcycled Paper
middot5488 16-241220 6592 I S10331828
I I
Du((m G)bull Fo ~-
I bull I bull I I bull
Mr Cal Johnson -2- May 22013 American Recycling
cc (via email)
Ken Greenber9 U S E_PA greenmerg kenepamall epa gov Catherine Hagan State W~ter Board Office of Chief Counsel chaganwaterboards ca gOY
Laura Drabandt State -Water Bearci Office of Eoforcement Idrabandtwaterboards ca gov Greg Gearheart SWRCB DWQ ggearheaftwaterboards ca gov David Barke~ Surface Water Basms Branch dbarkerwaterboards ca gov Danny Martinez County of San Diego ~azardous Matenals DIvIsion danny martlnezsdcounty ca gov
- Tech Staff Infe amp Use I
Order No SMART~ Apphc ID
WDID NPDES No Violation I D
Enforcement I D
R9-2013-0Q21 414999 9 37102314~ CASOPOOO1 849252 4113A3
MORALES CHAIR DAVID GIBSON EXECUTIVE OFFICER
9174 Sky Park Court SUIte 100 San Diego CA 92123-4353 I (858) 467-2952 I www waterboards ca govsandlego
() ReCYCLED PAPER
l
-t )1 I f 1-11 G~ Bf4U j JII
~ (I~-Iln 111Q0-~_H
MJ rr~H I( Anun-thr (~~ I CIHI (U If
~ rWat~t Boarqs
Callfornia Reglonal Water QUallty Control Board San Diego Region
ATTACHMENT 1
ACCEPTANCE OP CONDITIONAL RESOLUrrON AND WAIVER QF RIG-HT TO HEARING (Proposed) ORDER -
Cal Johnson American Recycling
4070 Home Ave San Diego CA 92105
By signing below and returning fhtsAcceptance ot Conditional Resolution and Waiver of Rlght to Heanng (Acceptance and Warver) to tlle Callfornla Regional Water Quality Control Board
San DI~go Reglon (San Diego Water Board) Amerioan Recycling hereby accepts the lI Offer to Participate in the San DlegoWaler Boa~(fs Expedlted Payment ProgFam for Non-Filing Violations (Conqitlonal Ofter) and wal~es the right to a hearing b~fore the San Diego Water Board to dispute the allegations of lolatlons described In the Notices of Noncompliance attached hereto as Attachments 2 and 3 and Incorporated herein py refererlce
American Recyclin~g agrees that the Notices of Noncompliance attached hereto shall serve as a complaint purslIant to ArtJcle 75 of the Water Code and that no separate complalnt lls reqUired for ~he San Diego Water BoarQ to assert~Jurisdlctlon over the alleged violations I
through tfs Executlve Officer American ~Recycling agrees Jo perform the following
1 Suomlt all requested technical reports to the San Diego Water Board to
Cahfornla Regional Water Qualjty Contrql Board San Diego Region 9174 Sky Park Court Suite 100 shy San Oleg0 CA 92123
Attention ApplicafioA ID 414999 ~ghoram
2 Pay admlhlstratlve CIVil liability authorized by Water Code section 13399 30 In th$ sum of ONE THOUSAND FIVE HUNDR~D POLLAHS ($1 500) ~Expedlted Payment I
Amount) by cashiers check or by certified check made payable -to the State Water -Resourc~s Conttol B0ara State Wiater Board) for deposit In the Waste Discharge Perrfilt Fund~-whlch s+lall he deemed payment In fullfor ~he violatiOn desCribed In Ithe ~ Notices of NoncOmplJa~ce altaeh~p hereto as Attachments 2 and 3
I American Recycling Llnderstands that this Acceptance and Waiver waives ItS right to cpntest middot
tne allegatlorlS In the NOtiGes of Noncompl)ance attached hereto as Attachments 2 and 3 and
TOMAS MORALES CHAIR I DAVID IGI~SON EXECUWE OFFICER
9174 Sky Park Court SUite 100 San DIego C- 92123-4353 I (1158) 467 2952 I wwv Natrrboardc ca govsandlQ() n
toJ Recycled Pipir
Cal Johnson - 2 - Attachment 1 i American Recyclng ACgeptaAce and Walver i
the admmlstratlve clv1 liability ~mount for such violations
Amiddotmerlcan RecycliAg understands that the farlure to submit the-requested technical repdrtsl as Identified and descrJbed above shaJI result in the San Diego Water Board enforcement staff withdrawing Its Condltloha1 Offer and waiver pUfsu~nt to thfs Acceptance and WaIVer American Recycling will be advised of the wlthdr~wals Enforcement staff may Issue an administrative CIlll llablllty complaint and the rTatter may be set for a hearing] before the ~an Diego Water Board or the State Water Board American Recycling also understands that this Acceptance and Waiver dQes not address or resolve liability for any Violation that IS not I
specifically Identified In the Notrces Qf Noncompliance ctttached hereto as Attachments 2and
3
Upon execution by Ameiican Recycling return the Acceptance and Waiver to
California Regional Water Quality Control Board San Diego RegIon 9174 Sky Park Court SUIte 100 SanDlego CA92123 Attention Apptlieation lD 4middot1gt4999 wghoram
American Recycling understands that feqeral regulatlons set forth at titlE 40 Code of F~deralt
Regulations section 12327fd)(~)(iil) requirethe San Diego Water Board to pubhs~ notlc~ of and provlde at least tnl1Y (30) days for public commel1t on any proposed resolution of an enforcement action AdcordmgllYt this Acceptance and Walv~r prior to bemg Jormally executed by the EXECutlve Officer of the San Diego Water Board wIll be published as required by law for public comment
If no com ments are receIved wlthm theriotice penqd that calise the Execwhve Officer of the San Diego-Water Boardto reconsider the Expedited Payment Amount the Executive Officer Will fbrmally endorse this Acceptance and Waiver Resolution of these Violations Will preclude fOJmal enforcement action by the Sa_n Diego Water Board for the non-filing Violation alleged In
the Notices of Noncompliance attached as ittachme~ts 2 and 3
American Recycling undeJsfanGis that If sfgniflcarit comments are received In Opposition to the Expedited Payment Am0unf the offer on behalf Of the San Diego Water Boaro enforcement staff to resolve the VJOlatl0n set forth In the Notices of Noncompliance attached hereto as Attachments 2 and 3 may be wlfhdtawn If the San Diego Water Board offer IS
wlthdrawn t American Recychog Will be advIsed of that Withdrawal and American Recyclings waiver pursuant tp the Acceptance and Waiver wI1I also be treateG as Withdrawn and the unresolved vloation(s) Will be addressed In a formal enforcement actton An i
-- aamlnlstratlVe cIvil labIlity complEunfmay be issued and the matter may be set for a he~nng- shybefore the San Diego Water Board 0r the State Water ~oaJd For such a liability hearing American Recycling understands that thIs Acceptance andWalver endo~sed by American Recyclmg shan be treated as a s~ttlement communication and shall not be used as eVidence In that hearing
TOMAS MORALES CHAIR I DAVID GIBCON _EXECUTIVE OFFICER
9174 Sky Park Court Suite 100 San Diego CA 92123-4353 I (858) 467middot2952 I wwwwaterboards ca govsandlego tJ Recycled Paper
~AN UltfHJ KIljmiddotUNAI WATER Q(J~tITY I CONTROL BQ~~DCal Johnson Attachment 1 I
American Recycling Acceptance and Waiver j013 NoR i 8 APl 8 13
Ameri~al1 Recycling understands that once this Acceptance and Waiver is formally exe~uted by the Executive Officer of the San Dieo Water Board the full payment reqUired by the ~
lt deadJme1set forth b_elow IS a condition of ttllS Acceptance and Walvefi Am-erican Recycling agre~s to pay $1000 in liability under Wate-r Coqe seQtlon 1~39~L33(c) and $500 Ul staffGosts pursuant to section 1339933(d) American Recycling shall pay the Exmiddotpedlted Payment Amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1500) ey a cashiers check or certified check for the ful amount made payable to the State Water Resources Control Soard Jl
for deposit into the Waste Dlseharge Permit Fund American Recycling shall submit th~ payment to the San Diego Water Board no later than ten (10) calendar days after the date American Recycling receivesvritlen notice th~t the ExeclJtJve Officer of the San Diego Water
I
Board has formally endorsed this Accept~nce and Waiver I
I nereby affirm that I am duly authorized to act on behalf of and to bind American RecycUng In the making and giVing of this ACGeptpnce and Waiver gt I
(Company)
BY~~~
Signed arne) y
(Printed or typed name)
G-et ~ r I 11 ortl 4~ er 7
(TitJe)
IT IS 80 ORDERED PURSUANT TOGALIFORNIA WATER CODE SEC1iION 1339930
Date_ _gt_-__1~_----~3~_____
By iM~~G r DAVID W GIBSON Date
Executive Officer
TOMAS ~ORALES CHAIR I DAVID GIBSON EXECUTIVE QFACER
9174 Sky park Court Suite 100 San ~le90~ CA 92123-4353 I (8S8) 467-2952 I www wilterboards ca govsandlego
C Rflcycled Paper
middot5488 16-241220 6592 I S10331828
I I
Du((m G)bull Fo ~-
I bull I bull I I bull
l
-t )1 I f 1-11 G~ Bf4U j JII
~ (I~-Iln 111Q0-~_H
MJ rr~H I( Anun-thr (~~ I CIHI (U If
~ rWat~t Boarqs
Callfornia Reglonal Water QUallty Control Board San Diego Region
ATTACHMENT 1
ACCEPTANCE OP CONDITIONAL RESOLUrrON AND WAIVER QF RIG-HT TO HEARING (Proposed) ORDER -
Cal Johnson American Recycling
4070 Home Ave San Diego CA 92105
By signing below and returning fhtsAcceptance ot Conditional Resolution and Waiver of Rlght to Heanng (Acceptance and Warver) to tlle Callfornla Regional Water Quality Control Board
San DI~go Reglon (San Diego Water Board) Amerioan Recycling hereby accepts the lI Offer to Participate in the San DlegoWaler Boa~(fs Expedlted Payment ProgFam for Non-Filing Violations (Conqitlonal Ofter) and wal~es the right to a hearing b~fore the San Diego Water Board to dispute the allegations of lolatlons described In the Notices of Noncompliance attached hereto as Attachments 2 and 3 and Incorporated herein py refererlce
American Recyclin~g agrees that the Notices of Noncompliance attached hereto shall serve as a complaint purslIant to ArtJcle 75 of the Water Code and that no separate complalnt lls reqUired for ~he San Diego Water BoarQ to assert~Jurisdlctlon over the alleged violations I
through tfs Executlve Officer American ~Recycling agrees Jo perform the following
1 Suomlt all requested technical reports to the San Diego Water Board to
Cahfornla Regional Water Qualjty Contrql Board San Diego Region 9174 Sky Park Court Suite 100 shy San Oleg0 CA 92123
Attention ApplicafioA ID 414999 ~ghoram
2 Pay admlhlstratlve CIVil liability authorized by Water Code section 13399 30 In th$ sum of ONE THOUSAND FIVE HUNDR~D POLLAHS ($1 500) ~Expedlted Payment I
Amount) by cashiers check or by certified check made payable -to the State Water -Resourc~s Conttol B0ara State Wiater Board) for deposit In the Waste Discharge Perrfilt Fund~-whlch s+lall he deemed payment In fullfor ~he violatiOn desCribed In Ithe ~ Notices of NoncOmplJa~ce altaeh~p hereto as Attachments 2 and 3
I American Recycling Llnderstands that this Acceptance and Waiver waives ItS right to cpntest middot
tne allegatlorlS In the NOtiGes of Noncompl)ance attached hereto as Attachments 2 and 3 and
TOMAS MORALES CHAIR I DAVID IGI~SON EXECUWE OFFICER
9174 Sky Park Court SUite 100 San DIego C- 92123-4353 I (1158) 467 2952 I wwv Natrrboardc ca govsandlQ() n
toJ Recycled Pipir
Cal Johnson - 2 - Attachment 1 i American Recyclng ACgeptaAce and Walver i
the admmlstratlve clv1 liability ~mount for such violations
Amiddotmerlcan RecycliAg understands that the farlure to submit the-requested technical repdrtsl as Identified and descrJbed above shaJI result in the San Diego Water Board enforcement staff withdrawing Its Condltloha1 Offer and waiver pUfsu~nt to thfs Acceptance and WaIVer American Recycling will be advised of the wlthdr~wals Enforcement staff may Issue an administrative CIlll llablllty complaint and the rTatter may be set for a hearing] before the ~an Diego Water Board or the State Water Board American Recycling also understands that this Acceptance and Waiver dQes not address or resolve liability for any Violation that IS not I
specifically Identified In the Notrces Qf Noncompliance ctttached hereto as Attachments 2and
3
Upon execution by Ameiican Recycling return the Acceptance and Waiver to
California Regional Water Quality Control Board San Diego RegIon 9174 Sky Park Court SUIte 100 SanDlego CA92123 Attention Apptlieation lD 4middot1gt4999 wghoram
American Recycling understands that feqeral regulatlons set forth at titlE 40 Code of F~deralt
Regulations section 12327fd)(~)(iil) requirethe San Diego Water Board to pubhs~ notlc~ of and provlde at least tnl1Y (30) days for public commel1t on any proposed resolution of an enforcement action AdcordmgllYt this Acceptance and Walv~r prior to bemg Jormally executed by the EXECutlve Officer of the San Diego Water Board wIll be published as required by law for public comment
If no com ments are receIved wlthm theriotice penqd that calise the Execwhve Officer of the San Diego-Water Boardto reconsider the Expedited Payment Amount the Executive Officer Will fbrmally endorse this Acceptance and Waiver Resolution of these Violations Will preclude fOJmal enforcement action by the Sa_n Diego Water Board for the non-filing Violation alleged In
the Notices of Noncompliance attached as ittachme~ts 2 and 3
American Recycling undeJsfanGis that If sfgniflcarit comments are received In Opposition to the Expedited Payment Am0unf the offer on behalf Of the San Diego Water Boaro enforcement staff to resolve the VJOlatl0n set forth In the Notices of Noncompliance attached hereto as Attachments 2 and 3 may be wlfhdtawn If the San Diego Water Board offer IS
wlthdrawn t American Recychog Will be advIsed of that Withdrawal and American Recyclings waiver pursuant tp the Acceptance and Waiver wI1I also be treateG as Withdrawn and the unresolved vloation(s) Will be addressed In a formal enforcement actton An i
-- aamlnlstratlVe cIvil labIlity complEunfmay be issued and the matter may be set for a he~nng- shybefore the San Diego Water Board 0r the State Water ~oaJd For such a liability hearing American Recycling understands that thIs Acceptance andWalver endo~sed by American Recyclmg shan be treated as a s~ttlement communication and shall not be used as eVidence In that hearing
TOMAS MORALES CHAIR I DAVID GIBCON _EXECUTIVE OFFICER
9174 Sky Park Court Suite 100 San Diego CA 92123-4353 I (858) 467middot2952 I wwwwaterboards ca govsandlego tJ Recycled Paper
~AN UltfHJ KIljmiddotUNAI WATER Q(J~tITY I CONTROL BQ~~DCal Johnson Attachment 1 I
American Recycling Acceptance and Waiver j013 NoR i 8 APl 8 13
Ameri~al1 Recycling understands that once this Acceptance and Waiver is formally exe~uted by the Executive Officer of the San Dieo Water Board the full payment reqUired by the ~
lt deadJme1set forth b_elow IS a condition of ttllS Acceptance and Walvefi Am-erican Recycling agre~s to pay $1000 in liability under Wate-r Coqe seQtlon 1~39~L33(c) and $500 Ul staffGosts pursuant to section 1339933(d) American Recycling shall pay the Exmiddotpedlted Payment Amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1500) ey a cashiers check or certified check for the ful amount made payable to the State Water Resources Control Soard Jl
for deposit into the Waste Dlseharge Permit Fund American Recycling shall submit th~ payment to the San Diego Water Board no later than ten (10) calendar days after the date American Recycling receivesvritlen notice th~t the ExeclJtJve Officer of the San Diego Water
I
Board has formally endorsed this Accept~nce and Waiver I
I nereby affirm that I am duly authorized to act on behalf of and to bind American RecycUng In the making and giVing of this ACGeptpnce and Waiver gt I
(Company)
BY~~~
Signed arne) y
(Printed or typed name)
G-et ~ r I 11 ortl 4~ er 7
(TitJe)
IT IS 80 ORDERED PURSUANT TOGALIFORNIA WATER CODE SEC1iION 1339930
Date_ _gt_-__1~_----~3~_____
By iM~~G r DAVID W GIBSON Date
Executive Officer
TOMAS ~ORALES CHAIR I DAVID GIBSON EXECUTIVE QFACER
9174 Sky park Court Suite 100 San ~le90~ CA 92123-4353 I (8S8) 467-2952 I www wilterboards ca govsandlego
C Rflcycled Paper
middot5488 16-241220 6592 I S10331828
I I
Du((m G)bull Fo ~-
I bull I bull I I bull
Cal Johnson - 2 - Attachment 1 i American Recyclng ACgeptaAce and Walver i
the admmlstratlve clv1 liability ~mount for such violations
Amiddotmerlcan RecycliAg understands that the farlure to submit the-requested technical repdrtsl as Identified and descrJbed above shaJI result in the San Diego Water Board enforcement staff withdrawing Its Condltloha1 Offer and waiver pUfsu~nt to thfs Acceptance and WaIVer American Recycling will be advised of the wlthdr~wals Enforcement staff may Issue an administrative CIlll llablllty complaint and the rTatter may be set for a hearing] before the ~an Diego Water Board or the State Water Board American Recycling also understands that this Acceptance and Waiver dQes not address or resolve liability for any Violation that IS not I
specifically Identified In the Notrces Qf Noncompliance ctttached hereto as Attachments 2and
3
Upon execution by Ameiican Recycling return the Acceptance and Waiver to
California Regional Water Quality Control Board San Diego RegIon 9174 Sky Park Court SUIte 100 SanDlego CA92123 Attention Apptlieation lD 4middot1gt4999 wghoram
American Recycling understands that feqeral regulatlons set forth at titlE 40 Code of F~deralt
Regulations section 12327fd)(~)(iil) requirethe San Diego Water Board to pubhs~ notlc~ of and provlde at least tnl1Y (30) days for public commel1t on any proposed resolution of an enforcement action AdcordmgllYt this Acceptance and Walv~r prior to bemg Jormally executed by the EXECutlve Officer of the San Diego Water Board wIll be published as required by law for public comment
If no com ments are receIved wlthm theriotice penqd that calise the Execwhve Officer of the San Diego-Water Boardto reconsider the Expedited Payment Amount the Executive Officer Will fbrmally endorse this Acceptance and Waiver Resolution of these Violations Will preclude fOJmal enforcement action by the Sa_n Diego Water Board for the non-filing Violation alleged In
the Notices of Noncompliance attached as ittachme~ts 2 and 3
American Recycling undeJsfanGis that If sfgniflcarit comments are received In Opposition to the Expedited Payment Am0unf the offer on behalf Of the San Diego Water Boaro enforcement staff to resolve the VJOlatl0n set forth In the Notices of Noncompliance attached hereto as Attachments 2 and 3 may be wlfhdtawn If the San Diego Water Board offer IS
wlthdrawn t American Recychog Will be advIsed of that Withdrawal and American Recyclings waiver pursuant tp the Acceptance and Waiver wI1I also be treateG as Withdrawn and the unresolved vloation(s) Will be addressed In a formal enforcement actton An i
-- aamlnlstratlVe cIvil labIlity complEunfmay be issued and the matter may be set for a he~nng- shybefore the San Diego Water Board 0r the State Water ~oaJd For such a liability hearing American Recycling understands that thIs Acceptance andWalver endo~sed by American Recyclmg shan be treated as a s~ttlement communication and shall not be used as eVidence In that hearing
TOMAS MORALES CHAIR I DAVID GIBCON _EXECUTIVE OFFICER
9174 Sky Park Court Suite 100 San Diego CA 92123-4353 I (858) 467middot2952 I wwwwaterboards ca govsandlego tJ Recycled Paper
~AN UltfHJ KIljmiddotUNAI WATER Q(J~tITY I CONTROL BQ~~DCal Johnson Attachment 1 I
American Recycling Acceptance and Waiver j013 NoR i 8 APl 8 13
Ameri~al1 Recycling understands that once this Acceptance and Waiver is formally exe~uted by the Executive Officer of the San Dieo Water Board the full payment reqUired by the ~
lt deadJme1set forth b_elow IS a condition of ttllS Acceptance and Walvefi Am-erican Recycling agre~s to pay $1000 in liability under Wate-r Coqe seQtlon 1~39~L33(c) and $500 Ul staffGosts pursuant to section 1339933(d) American Recycling shall pay the Exmiddotpedlted Payment Amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1500) ey a cashiers check or certified check for the ful amount made payable to the State Water Resources Control Soard Jl
for deposit into the Waste Dlseharge Permit Fund American Recycling shall submit th~ payment to the San Diego Water Board no later than ten (10) calendar days after the date American Recycling receivesvritlen notice th~t the ExeclJtJve Officer of the San Diego Water
I
Board has formally endorsed this Accept~nce and Waiver I
I nereby affirm that I am duly authorized to act on behalf of and to bind American RecycUng In the making and giVing of this ACGeptpnce and Waiver gt I
(Company)
BY~~~
Signed arne) y
(Printed or typed name)
G-et ~ r I 11 ortl 4~ er 7
(TitJe)
IT IS 80 ORDERED PURSUANT TOGALIFORNIA WATER CODE SEC1iION 1339930
Date_ _gt_-__1~_----~3~_____
By iM~~G r DAVID W GIBSON Date
Executive Officer
TOMAS ~ORALES CHAIR I DAVID GIBSON EXECUTIVE QFACER
9174 Sky park Court Suite 100 San ~le90~ CA 92123-4353 I (8S8) 467-2952 I www wilterboards ca govsandlego
C Rflcycled Paper
middot5488 16-241220 6592 I S10331828
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~AN UltfHJ KIljmiddotUNAI WATER Q(J~tITY I CONTROL BQ~~DCal Johnson Attachment 1 I
American Recycling Acceptance and Waiver j013 NoR i 8 APl 8 13
Ameri~al1 Recycling understands that once this Acceptance and Waiver is formally exe~uted by the Executive Officer of the San Dieo Water Board the full payment reqUired by the ~
lt deadJme1set forth b_elow IS a condition of ttllS Acceptance and Walvefi Am-erican Recycling agre~s to pay $1000 in liability under Wate-r Coqe seQtlon 1~39~L33(c) and $500 Ul staffGosts pursuant to section 1339933(d) American Recycling shall pay the Exmiddotpedlted Payment Amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1500) ey a cashiers check or certified check for the ful amount made payable to the State Water Resources Control Soard Jl
for deposit into the Waste Dlseharge Permit Fund American Recycling shall submit th~ payment to the San Diego Water Board no later than ten (10) calendar days after the date American Recycling receivesvritlen notice th~t the ExeclJtJve Officer of the San Diego Water
I
Board has formally endorsed this Accept~nce and Waiver I
I nereby affirm that I am duly authorized to act on behalf of and to bind American RecycUng In the making and giVing of this ACGeptpnce and Waiver gt I
(Company)
BY~~~
Signed arne) y
(Printed or typed name)
G-et ~ r I 11 ortl 4~ er 7
(TitJe)
IT IS 80 ORDERED PURSUANT TOGALIFORNIA WATER CODE SEC1iION 1339930
Date_ _gt_-__1~_----~3~_____
By iM~~G r DAVID W GIBSON Date
Executive Officer
TOMAS ~ORALES CHAIR I DAVID GIBSON EXECUTIVE QFACER
9174 Sky park Court Suite 100 San ~le90~ CA 92123-4353 I (8S8) 467-2952 I www wilterboards ca govsandlego
C Rflcycled Paper
middot5488 16-241220 6592 I S10331828
I I
Du((m G)bull Fo ~-
I bull I bull I I bull
middot5488 16-241220 6592 I S10331828
I I
Du((m G)bull Fo ~-
I bull I bull I I bull
