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Mandatory Minimum Penalty (MMP) for California Department of Fish and Wildlife-Hot Creek Fish Hatchery


On June 30, 2016, the Lahontan Regional Water Quality Control Board's (Water Board) Assistant Executive Officer issued the California Department of Fish and Wildlife (CDFW) a Notice of Violation and Expedited Payment Settlement Offer (Settlement Offer). The Notice of Violation alleged that CDFW had violated two effluent limitations specified by Water Board Order No. R6V-2006-0027, NPDES Permit No. CA0102776 (permit). The permit was adopted by the Water Board on June 14, 2006, and establishes waste discharge requirements for the discharge of waste from the Hot Creek Fish Hatchery to Hot Creek in Mono County.

The Settlement Offer provides an opportunity for CDFW to waive its right to a hearing and pay the mandatory minimum penalty of $6,000 for the two alleged violations. On August 3, 2016, CDFW took such action by signing and submitting the Settlement Offer’s Acceptance of Conditional Resolution and Waiver of Right to Hearing. Taking such action constitutes a proposed settlement that is subject to a 30-day public comment period, after which, the Water Board’s Executive Officer can approve or reject the proposed settlement, or request additional information.

On August 10, 2016, Water Board staff notified the public and interested parties that there was a 30-day public comment period for the proposed settlement scheduled to end at 5:00 p.m., September 12, 2016. No comments were submitted during the 30-day public comment period, and the Water Board's Executive Officer subsequently executed the proposed settlement on September 22, 2016. Payment of $6,000 is due and payable to the State Water Pollution Cleanup and Abatement Account by October 24, 2016.

For more information, please contact Catherine Pool at catherine.pool@waterboards.ca.gov.

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