Common use of Counterpart Signatures; Facsimile and Electronic Signature Clause in Contracts

Counterpart Signatures; Facsimile and Electronic Signature. This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document. Furthermore, this Stipulated Order may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature. 1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully herein. 2. In accepting this Stipulation, the Regional Water Board has considered, where applicable, each of the factors prescribed in Water Code section 13385, subdivision (e), and has applied the Penalty Calculation Methodology set forth in the Enforcement Policy, which is incorporated herein by reference. The Regional Water Board’s consideration of these factors and application of the Penalty Calculation Methodology is based on information the Prosecution Team obtained in investigating the allegations set forth in this Stipulated Order or otherwise provided to the Regional Water Board. 3. This is an action to enforce the laws and regulations administered by the Regional Water Board, which therefore finds issuance of this Stipulated Order exempt from the provisions of the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) in accordance with section 15321, subdivision (a)(2), Title 14, of the California Code of Regulations. Additionally, this Stipulated Order generally accepts the plans proposed for the SEP prior to implementation. Mere submittal of plans is exempt from CEQA because submittal will not cause a direct or indirect physical change in the environment. 4. The Executive Officer of the Regional Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger fails to perform any of its obligations under this Stipulated Order. Digitally signed by Xxxxx X. Xxxxx Date: 2018.08.27 14:42:36 -07'00' Xxxxx X. Xxxxx Date Executive Officer California Regional Water Quality Control Board San Francisco Bay Region The State Water Resources Control Board’s Water Quality Enforcement Policy2 (May 2010) (Enforcement Policy) establishes a methodology for assessing administrative civil liability. Use of the methodology addresses the factors required by California Water Code section 13385, subdivision (e). Each factor in the Enforcement Policy and its corresponding category, adjustment, and amount for the alleged violation are presented below. The Enforcement Policy should be used as a companion document in conjunction with this administrative civil liability assessment since the penalty methodology and definition of terms are not replicated herein. The Enforcement Policy is located at: On September 10, 2017, San Xxxx Water Company (Discharger) discharged 110,250 gallons of potable water with a chlorine residual up to 2.5 mg/L to Xxxx Creek in violation of the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S., Order WQ 2014- 0194-DWQ (Permit) section V.E. The unplanned discharge violated the Permit’s receiving water limitation for toxicity because it killed 565 fish in Xxxx Creek. The Discharger is subject to administrative civil liabilities pursuant to Water Code section 13385, subdivision (a)(2).

Counterpart Signatures; Facsimile and Electronic Signature. This Stipulated Order Stipulation may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document. FurthermoreFurther, this Stipulated Order Stipulation may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature October 8, 2015 Settlement Agreement and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature.Stipulated Administrative Civil Liability OG Property Owner, LLC 1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully hereinStipulation. 2. In accepting this Stipulation, the Regional Water Board has considered, where applicable, each of the factors prescribed in Water Code section [13327, 13351, or 13385, subdivision (e)], and has applied the Penalty Calculation Methodology set forth in the State Water Resource Control Board’s Enforcement Policy, which is incorporated herein by this reference. The Regional Water Board’s consideration of these factors and application of the Penalty Calculation Methodology is based on upon information obtained by the Prosecution Team obtained in investigating the allegations set forth in this Stipulated Order the Stipulation, or otherwise provided to the Regional Water Board. 3. This is an action to enforce the laws and regulations administered by the Regional Water Board, which therefore . The Regional Water Board finds that issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) in accordance with section 15321, subdivision (a)(2), Title 14, of the California Code of Regulations. Additionally, this Stipulated Order generally accepts the plans proposed for the SEP prior to implementation. Mere submittal of plans is exempt from CEQA because submittal will not cause a direct or indirect physical change in the environment. 4. The Stipulation and Order are severable; should any provision be found invalid the remainder shall be in full force and effect. 5. The Executive Officer of the Regional Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger OG Property Owner, LLC fails to perform any of its obligations under this Stipulated the Order. Digitally signed by Xxxxx X. Xxxxx DN: cn=Xxxxx X. Xxxxx, o=SWRCB, ou=Region 2, email=bwolfe@waterboards.ca.g ov, c=US Date: 2018.08.27 14:42:36 -07'002015.12.07 12:41:11 -08'00' Xxxxx X. Xxxxx Date Executive Officer California Regional Water Quality Control Board San Francisco Bay Region The State Water Resources Control Board’s Water Quality Enforcement Policy2 Settlement Agreement Attachment A OG Property Owner, LLC This Administrative Civil Liability Complaint (May 2010Complaint) alleges that OG Property Owner, LLC (Enforcement Policyhereinafter Discharger) establishes a methodology for assessing administrative civil liability. Use violated section V.A.2 Narrative Effluent Limitations of the methodology addresses the factors required NPDES General Permit for Storm Water Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ as amended (General Permit), by California Water Code section 13385, subdivision (e). Each factor in the Enforcement Policy and its corresponding category, adjustment, and amount for the alleged violation are presented below. The Enforcement Policy should be used as a companion document in conjunction with this administrative civil liability assessment since the penalty methodology and definition of terms are not replicated herein. The Enforcement Policy is located at: On September 10, 2017, San Xxxx Water Company (Discharger) discharged 110,250 discharging an estimated 379,000 gallons of potable storm water with polluted by sediments and petroleum to a chlorine residual up storm drain tributary to 2.5 mg/L to Xxxx Creek in violation of the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S., Order WQ 2014- 0194-DWQ (Permit) section V.E. The unplanned discharge violated the Permit’s receiving water limitation for toxicity because it killed 565 fish in Xxxx San Pablo Creek. The Discharger failed to adequately implement best management practices (BMPs) at its Xxxxxx Project construction site, which led to the discharge. The California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water Board) is subject authorized to impose administrative civil liabilities pursuant to Water Code sections 13323 and 13385(c) for the alleged violation. The proposed liability is $753,000. The Assistant Executive Officer of the Regional Water Board hereby gives notice that: 1. The Discharger is alleged to have violated provisions of law for which the Regional Water Board may impose administrative civil liability. This Complaint presents the factual basis for the alleged violation, legal and statutory authorities (including citations to applicable Water Code sections), and case-specific factors used to propose a $753,000 liability for the alleged violation. 2. Unless waived, the Regional Water Board will hold a hearing on this matter on June 10, 2015, in the Xxxxx X. Xxxxxx Building, First Floor Auditorium, 0000 Xxxx Xxxxxx, Xxxxxxx, 00000. At the hearing, the Regional Water Board will consider whether to affirm, reject, or modify the proposed administrative civil liability, or whether to refer the matter to the Attorney General for judicial civil liability. The Discharger or its representative(s) will have an opportunity to be heard and to contest the allegations in this complaint and the imposition of civil liability by the Regional Water Board. The Discharger will be mailed an agenda approximately ten days before the hearing date. A meeting agenda will also be available at: xxxx://xxx.xxxxxxxxxxx.xx.xxx/sanfranciscobay/board_info/agenda.shtml. The Discharger must submit all comments and written evidence concerning this Complaint to the Regional Water Board not later than 5 p.m. on May 11, 2015, so that such comments may be considered. Any written evidence submitted to the Regional Water Board after this date and time will not be accepted or responded to in writing. 3. The Discharger can waive its right to a hearing to contest the allegations contained in this Complaint by signing and submitting the enclosed waiver and paying the civil liability in full or by taking other actions as described in the waiver form. If this matter proceeds to hearing, the Regional Water Board’s Prosecution Team reserves the right to seek an increase in the civil liability amount to recover the costs of enforcement incurred subsequent to the issuance of this Complaint through the hearing. 4. The Discharger is the owner of 978 acres of land in Siesta Valley, located within the City of Orinda, Contra Costa County, California. The property is between downtown Orinda and the Caldecott Tunnel, to the south of State Highway 24. 5. The Discharger is developing the land, currently called the Xxxxxx Project. The Xxxxxx Project initially included plans to develop up to 245 lots for single-family residence, associated infrastructure, and dedicated open space lands. About 30 of the lots have been conveyed to other parties for development, but the Xxxxxx Project currently includes at least 200 undeveloped lots. 6. The Discharger is subject to the General Permit, to Waste Discharge Requirements and Clean Water Act section 13385401 Water Quality Certification Order No. R2-2004-0049 (401 Certification Order), subdivision and to the San Francisco Bay Basin Water Quality Control Plan (a)(2Basin Plan). a. The Discharger signed a Notice of Intent for coverage under the General Permit on June 25, 2010. b. The Discharger has not submitted a Notice of Termination for coverage under the General Permit and the permit requirements applied to the Xxxxxx Project on December 15, 2014. 7. On December 15, 2014, Regional Water Board staff inspected the Xxxxxx Project and observed polluted runoff within and leaving the site. Storm water polluted by sediments discharged into a pond at the northeast boundary of the Xxxxxx Project site. The pond is named as a permanent detention basin in the Xxxxxx Project Storm Water Pollution Prevention Plan (June 3, 2010). This detention basin discharges into a storm drain tributary to the west branch of San Pablo Creek. a. Regional Water Board staff observed inadequate protection from erosion of soils exposed by the development activities, inadequate erosion and sediment control BMPs, and inadequate maintenance of installed BMPs. Observations were documented in a Notice of Violation sent to the Discharger on December 18, 2014. b. Regional Water Board staff observed that the detention basin was not effective in settling out fine-grained sediments from the runoff. There was insufficient detention time for the fine-grained sediments to settle, and much of the entrained sediment was fine-grained. Also, capacity of the basin had not been maintained. Emergent vegetation, indicating the shallow presence of accumulated sediment, covered at least 75 percent of the basin. Staff observed sediment-laden water flowing around the vegetation without any significant loss of sediment before flowing into the culvert outfall. 8. Regional Water Board staff estimates that 379,000 gallons of polluted runoff discharged from an approximately 17-acre area during the storm on December 15, 2014. This estimate is based on both direct flow measurements taken at the site and a calculated discharge using the Rational Method. 9. The beneficial uses of San Pablo Creek and its tributaries include freshwater replenishment, cold freshwater habitat, preservation of rare and endangered species, fish spawning wildlife habitat, fish migration, warm freshwater habitat, and noncontact water recreation. The discharge of 379,000 gallons of storm water runoff polluted by sediments would adversely affect these beneficial uses. 10. Section V.A.2, Narrative Effluent Limitations of the General Permit requires that “Dischargers shall minimize or prevent pollutants in storm water discharges and authorized non-storm water discharges through the use of controls, structures, and management practices that achieve BAT for toxic and non-conventional pollutants and BCT for conventional pollutants.” BAT stands for best available technology economically achievable and BCT stands for best conventional pollution control technology. 11. The Discharger violated sectionV.A.2, Narrative Effluent Limitations for Stormwater Discharges, of the General Permit by failing to adequately implement controls that minimize or prevent pollutants in storm water thus resulting in the discharge of 379,000 gallons of storm water polluted by sediments to a storm drain tributary to San Pablo Creek, on December 15, 2014.

Counterpart Signatures; Facsimile and Electronic Signature. This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document. FurthermoreFurther, this Stipulated Order may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature.. California Regional Water Quality Control Board Central Valley Region Prosecution Team By: Xxxx Xxxxxxx Assistant Executive Officer Date: E. & X. XXXXX WINERY By: Xxxx Xxxxxx Vice President Commercial Manufacturing and Engineering Date: 1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully herein. 2. In accepting adopting this StipulationStipulated Order, the Regional Central Valley Water Board Board, or its delegee, has considered, where applicable, each of the factors prescribed in Water Code section 13385sections 13327, subdivision (e)13351, and has applied the Penalty Calculation Methodology set forth in the Enforcement Policy, which is incorporated herein by reference13385(e). The Regional Water Board’s consideration of these factors and application of the Penalty Calculation Methodology is based on upon information and comments obtained by the Prosecution Team obtained Central Valley Water Board’s staff in investigating the allegations set forth in this Stipulated Order concerning the Discharger discussed herein or otherwise provided to the Regional Central Valley Water BoardBoard or its delegee by the Parties and members of the public. 3. This is an action to enforce the laws and regulations administered by the Regional Central Valley Water Board, which therefore . The Central Valley Water Board finds that issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, § Code section 21000 et seq.) ), in accordance with section 15321, subdivision (a)(215321(a)(2), of Title 14, 14 of the California Code of Regulations. Additionally, this Stipulated Order generally accepts the plans proposed for the SEP prior to implementation. Mere submittal of plans is exempt from CEQA because submittal will not cause a direct or indirect physical change in the environment. 4. The Executive Officer of the Regional Central Valley Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger fails to perform any of its obligations under this Stipulated the Order. Digitally signed by Xxxxx X. Xxxxx Date: 2018.08.27 14:42:36 -07'00' Xxxxx X. Xxxxx Date Executive Officer Pursuant to Water Code section 13323 and Government Code section 11415.60, IT IS HEREBY ORDERED on behalf of the California Regional Water Quality Control Board San Francisco Bay Board, Central Valley Region The State Water Resources Control Board’s that the Stipulated Order is approved. Xxxxxxx Xxxxxx Date Executive Officer Central Valley Regional Water Quality Enforcement Policy2 (May 2010) (Enforcement Policy) establishes a methodology for assessing administrative civil liability. Use of the methodology addresses the factors required by California Water Code section 13385, subdivision (e). Each factor in the Enforcement Policy and its corresponding category, adjustment, and amount for the alleged violation are presented below. The Enforcement Policy should be used as a companion document in conjunction with this administrative civil liability assessment since the penalty methodology and definition of terms are not replicated herein. The Enforcement Policy is located at: On September 10, 2017, San Xxxx Water Company (Discharger) discharged 110,250 gallons of potable water with a chlorine residual up to 2.5 mg/L to Xxxx Creek in violation of the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S., Control Board Stipulated Administrative Civil Liability Order WQ 2014- 0194R5-DWQ (Permit) section V.E. The unplanned discharge violated the Permit’s receiving water limitation for toxicity because it killed 565 fish in Xxxx Creek. The Discharger is subject to administrative civil liabilities pursuant to Water Code section 13385, subdivision (a)(2).2022-0510 Attachment A‌‌‌ E. & X. Xxxxx Winery Xxxxxxxxxx Winery

Counterpart Signatures; Facsimile and Electronic Signature. This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document. FurthermoreFurther, this Stipulated Order may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature.. California Regional Water Quality Control Board Central Valley Region Prosecution Team By: Original Signed by Xxxx X. Xxxx Assistant Executive Officer Date: 07/10/2020 California Department of Corrections and Rehabilitation By: Original Signed by Xxxx Xxxx Director, Division of Facility Planning, Construction and Management Date: 07/09/2020 1. This Stipulated Order incorporates the foregoing Sections I through III V by this reference as if set forth fully herein. 2. In accepting adopting this StipulationStipulated Order, the Regional Central Valley Water Board Board, or its delegee, has considered, where applicable, each of the factors prescribed in Water Code section 13385sections 13327, subdivision (e)13351, and has applied the Penalty Calculation Methodology set forth in the Enforcement Policy, which is incorporated herein by reference13385(e). The Regional Water Board’s consideration of these factors and application of the Penalty Calculation Methodology is based on upon information and comments obtained by the Prosecution Team obtained Central Valley Water Board’s staff in investigating the allegations set forth in this Stipulated Order concerning the Central Valley Water Board discussed herein or otherwise provided to the Regional Central Valley Water BoardBoard or its delegee by the Parties and members of the public. 3. This is an action to enforce the laws and regulations administered by the Regional Central Valley Water Board. The method of compliance with this enforcement action consists entirely of payment of amounts for ACL and successful completion of the ECA. As such, which therefore the Central Valley Water Board finds that issuance of this Stipulated Order is not considered subject to the provisions of CEQA as it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not considered a “project” (Public Resources Code 21065, 21080(a); 15060(c)(2),(3); 150378(a), Title 14, of the California Code of Regulations). In addition, issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, § Code section 21000 et seq.) ), in accordance with section 15321, subdivision (a)(2sections 15061(b)(3) and 15321(a)(2), of Title 14, 14 of the California Code of Regulations. Additionally, this Stipulated Order generally accepts the plans proposed for the SEP prior to implementation. Mere submittal of plans is exempt from CEQA because submittal will not cause a direct or indirect physical change in the environment. 4. The Executive Officer of the Regional Central Valley Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger fails to perform any of its obligations under this Stipulated the Order. Digitally signed by Xxxxx X. Xxxxx Date: 2018.08.27 14:42:36 -07'00' Xxxxx X. Xxxxx Date Executive Officer California Regional Water Quality Control Board San Francisco Bay Region The State Water Resources Control Board’s Water Quality Enforcement Policy2 (May 2010) (Enforcement Policy) establishes a methodology for assessing administrative civil liability. Use of the methodology addresses the factors required by California Water Code section 13385, subdivision (e). Each factor in the Enforcement Policy and its corresponding category, adjustment, and amount for the alleged violation are presented below. The Enforcement Policy should be used as a companion document in conjunction with this administrative civil liability assessment since the penalty methodology and definition of terms are not replicated herein. The Enforcement Policy is located at: On September 10, 2017, San Xxxx Water Company (Discharger) discharged 110,250 gallons of potable water with a chlorine residual up to 2.5 mg/L to Xxxx Creek in violation of the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S., Order WQ 2014- 0194-DWQ (Permit) section V.E. The unplanned discharge violated the Permit’s receiving water limitation for toxicity because it killed 565 fish in Xxxx Creek. The Discharger is subject to administrative civil liabilities pursuant to Water Code section 13385, subdivision (a)(2).

Counterpart Signatures; Facsimile and Electronic Signature. This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document. Furthermore, this Stipulated Order may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature. 1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully herein. 2. In accepting this Stipulation, the Regional Water Board has considered, where applicable, each of the factors prescribed in Water Code section 13385, subdivision (e), and has applied the Penalty Calculation Methodology set forth in the Enforcement Policy, which is incorporated herein by reference. The Regional Water Board’s consideration of these factors and application of the Penalty Calculation Methodology is based on information the Prosecution Team obtained in investigating the allegations set forth in this Stipulated Order or otherwise provided to the Regional Water Board. 3. This is an action to enforce the laws and regulations administered by the Regional Water Board, which therefore finds issuance of this Stipulated Order exempt from the provisions of the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) in accordance with section 15321, subdivision (a)(2), Title 14, of the California Code of Regulations. Additionally, this Stipulated Order generally accepts the plans proposed for the SEP prior to implementation. Mere submittal of plans is exempt from CEQA because submittal will not cause a direct or indirect physical change in the environment. 4. The Executive Officer of the Regional Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger fails to perform any of its obligations under this Stipulated Order. Digitally signed by Xxxxx X. Xxxxx Date: 2018.08.27 14:42:36 -07'00' Xxxxx X. Xxxxx Date Executive Officer California Regional Water Quality Control Board San Francisco Bay Region The State Water Resources Control Board’s Water Quality Enforcement Policy2 (May 2010) (Enforcement Policy) establishes a methodology for assessing administrative civil liability. Use of the methodology addresses the factors required by California Water Code section 13385, subdivision (e). Each factor in the Enforcement Policy and its corresponding category, adjustment, and amount for the alleged violation are presented below. The Enforcement Policy should be used as a companion document in conjunction with this administrative civil liability assessment since the penalty methodology and definition of terms are not replicated herein. The Enforcement Policy is located at: On September 10, 2017, San Xxxx Water Company (Discharger) discharged 110,250 gallons of potable water with a chlorine residual up to 2.5 mg/L to Xxxx Creek in violation of the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S., Order WQ 2014- 0194-DWQ (Permit) section V.E. The unplanned discharge violated the Permit’s receiving water limitation for toxicity because it killed 565 fish in Xxxx Creek. The Discharger is subject to administrative civil liabilities pursuant to Water Code section 13385, subdivision (a)(2).

Counterpart Signatures; Facsimile and Electronic Signature. This Stipulated Order Stipulation may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document. FurthermoreFurther, this Stipulated Order Stipulation may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature Settlement Agreement and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature.Stipulated Administrative Civil Liability OG Property Owner, LLC 1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully hereinStipulation. 2. In accepting this Stipulation, the Regional Water Board has considered, where applicable, each of the factors prescribed in Water Code section [13327, 13351, or 13385, subdivision (e)], and has applied the Penalty Calculation Methodology set forth in the State Water Resource Control Board’s Enforcement Policy, which is incorporated herein by this reference. The Regional Water Board’s consideration of these factors and application of the Penalty Calculation Methodology is based on upon information obtained by the Prosecution Team obtained in investigating the allegations set forth in this Stipulated Order the Stipulation, or otherwise provided to the Regional Water Board. 3. This is an action to enforce the laws and regulations administered by the Regional Water Board, which therefore . The Regional Water Board finds that issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) in accordance with section 15321, subdivision (a)(2), Title 14, of the California Code of Regulations. Additionally, this Stipulated Order generally accepts the plans proposed for the SEP prior to implementation. Mere submittal of plans is exempt from CEQA because submittal will not cause a direct or indirect physical change in the environment. 4. The Stipulation and Order are severable; should any provision be found invalid the remainder shall be in full force and effect. 5. The Executive Officer of the Regional Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger OG Property Owner, LLC fails to perform any of its obligations under this Stipulated the Order. Digitally signed by Xxxxx X. Xxxxx Date: 2018.08.27 14:42:36 -07'00' Xxxxx X. Xxxxx Date Executive Officer California Regional Water Quality Control Board San Francisco Bay Region The State Water Resources Control Board’s Water Quality Enforcement Policy2 Settlement Agreement Attachment A OG Property Owner, LLC This Administrative Civil Liability Complaint (May 2010Complaint) alleges that OG Property Owner, LLC (Enforcement Policyhereinafter Discharger) establishes a methodology for assessing administrative civil liability. Use violated section V.A.2 Narrative Effluent Limitations of the methodology addresses the factors required NPDES General Permit for Storm Water Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ as amended (General Permit), by California Water Code section 13385, subdivision (e). Each factor in the Enforcement Policy and its corresponding category, adjustment, and amount for the alleged violation are presented below. The Enforcement Policy should be used as a companion document in conjunction with this administrative civil liability assessment since the penalty methodology and definition of terms are not replicated herein. The Enforcement Policy is located at: On September 10, 2017, San Xxxx Water Company (Discharger) discharged 110,250 discharging an estimated 379,000 gallons of potable storm water with polluted by sediments and petroleum to a chlorine residual up storm drain tributary to 2.5 mg/L to Xxxx Creek in violation of the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S., Order WQ 2014- 0194-DWQ (Permit) section V.E. The unplanned discharge violated the Permit’s receiving water limitation for toxicity because it killed 565 fish in Xxxx San Pablo Creek. The Discharger failed to adequately implement best management practices (BMPs) at its Xxxxxx Project construction site, which led to the discharge. The California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water Board) is subject authorized to impose administrative civil liabilities pursuant to Water Code sections 13323 and 13385(c) for the alleged violation. The proposed liability is $753,000. The Assistant Executive Officer of the Regional Water Board hereby gives notice that: 1. The Discharger is alleged to have violated provisions of law for which the Regional Water Board may impose administrative civil liability. This Complaint presents the factual basis for the alleged violation, legal and statutory authorities (including citations to applicable Water Code sections), and case-specific factors used to propose a $753,000 liability for the alleged violation. 2. Unless waived, the Regional Water Board will hold a hearing on this matter on June 10, 2015, in the Xxxxx X. Xxxxxx Building, First Floor Auditorium, 0000 Xxxx Xxxxxx, Xxxxxxx, 00000. At the hearing, the Regional Water Board will consider whether to affirm, reject, or modify the proposed administrative civil liability, or whether to refer the matter to the Attorney General for judicial civil liability. The Discharger or its representative(s) will have an opportunity to be heard and to contest the allegations in this complaint and the imposition of civil liability by the Regional Water Board. The Discharger will be mailed an agenda approximately ten days before the hearing date. A meeting agenda will also be available at: xxxx://xxx.xxxxxxxxxxx.xx.xxx/sanfranciscobay/board_info/agenda.shtml. The Discharger must submit all comments and written evidence concerning this Complaint to the Regional Water Board not later than 5 p.m. on May 11, 2015, so that such comments may be considered. Any written evidence submitted to the Regional Water Board after this date and time will not be accepted or responded to in writing. 3. The Discharger can waive its right to a hearing to contest the allegations contained in this Complaint by signing and submitting the enclosed waiver and paying the civil liability in full or by taking other actions as described in the waiver form. If this matter proceeds to hearing, the Regional Water Board’s Prosecution Team reserves the right to seek an increase in the civil liability amount to recover the costs of enforcement incurred subsequent to the issuance of this Complaint through the hearing. 4. The Discharger is the owner of 978 acres of land in Siesta Valley, located within the City of Orinda, Contra Costa County, California. The property is between downtown Orinda and the Caldecott Tunnel, to the south of State Highway 24. 5. The Discharger is developing the land, currently called the Xxxxxx Project. The Xxxxxx Project initially included plans to develop up to 245 lots for single-family residence, associated infrastructure, and dedicated open space lands. About 30 of the lots have been conveyed to other parties for development, but the Xxxxxx Project currently includes at least 200 undeveloped lots. 6. The Discharger is subject to the General Permit, to Waste Discharge Requirements and Clean Water Act section 13385401 Water Quality Certification Order No. R2-2004-0049 (401 Certification Order), subdivision and to the San Francisco Bay Basin Water Quality Control Plan (a)(2Basin Plan). a. The Discharger signed a Notice of Intent for coverage under the General Permit on June 25, 2010. b. The Discharger has not submitted a Notice of Termination for coverage under the General Permit and the permit requirements applied to the Xxxxxx Project on December 15, 2014. 7. On December 15, 2014, Regional Water Board staff inspected the Xxxxxx Project and observed polluted runoff within and leaving the site. Storm water polluted by sediments discharged into a pond at the northeast boundary of the Xxxxxx Project site. The pond is named as a permanent detention basin in the Xxxxxx Project Storm Water Pollution Prevention Plan (June 3, 2010). This detention basin discharges into a storm drain tributary to the west branch of San Pablo Creek. a. Regional Water Board staff observed inadequate protection from erosion of soils exposed by the development activities, inadequate erosion and sediment control BMPs, and inadequate maintenance of installed BMPs. Observations were documented in a Notice of Violation sent to the Discharger on December 18, 2014. b. Regional Water Board staff observed that the detention basin was not effective in settling out fine-grained sediments from the runoff. There was insufficient detention time for the fine-grained sediments to settle, and much of the entrained sediment was fine-grained. Also, capacity of the basin had not been maintained. Emergent vegetation, indicating the shallow presence of accumulated sediment, covered at least 75 percent of the basin. Staff observed sediment-laden water flowing around the vegetation without any significant loss of sediment before flowing into the culvert outfall. 8. Regional Water Board staff estimates that 379,000 gallons of polluted runoff discharged from an approximately 17-acre area during the storm on December 15, 2014. This estimate is based on both direct flow measurements taken at the site and a calculated discharge using the Rational Method. 9. The beneficial uses of San Pablo Creek and its tributaries include freshwater replenishment, cold freshwater habitat, preservation of rare and endangered species, fish spawning wildlife habitat, fish migration, warm freshwater habitat, and noncontact water recreation. The discharge of 379,000 gallons of storm water runoff polluted by sediments would adversely affect these beneficial uses. 10. Section V.A.2, Narrative Effluent Limitations of the General Permit requires that “Dischargers shall minimize or prevent pollutants in storm water discharges and authorized non-storm water discharges through the use of controls, structures, and management practices that achieve BAT for toxic and non-conventional pollutants and BCT for conventional pollutants.” BAT stands for best available technology economically achievable and BCT stands for best conventional pollution control technology. 11. The Discharger violated sectionV.A.2, Narrative Effluent Limitations for Stormwater Discharges, of the General Permit by failing to adequately implement controls that minimize or prevent pollutants in storm water thus resulting in the discharge of 379,000 gallons of storm water polluted by sediments to a storm drain tributary to San Pablo Creek, on December 15, 2014.