Stakeholder Comments Comment 1 2 Response 1 XXXX

Stakeholder Comments Comment: 1. 2. Response: 1. XXXX requests removing the City's Enforcement Response Noncompliance Fee for a Warning Letter. The City has proposed a Noncompliance Fee for a Warning Letter, or first Enforcement Response by the City, within a rolling twelve-month period. It is classified as a warning, but the City intends to issue a monetary citation penalty, which does not meet 2. the intent of a Warning Letter. XXXX requests a communication process to allow for industry to provide a deviation/breakdown explanation report prior to the City's issuance of a citation. In 2018, XXXX was issued two NOVs, with no prior warning letter on the topic within the rolling 12 month period and with no communication regarding the issues prior to the receipt of the NOV. Both NOVs were explainable and ultimately rescinded. For comparison, the Air District's process for noncompliance is to have the permitted industry submit a deviation report within 10 days to explain the facts prior to the District's determination of a citation. Language regarding a Warning Letter has been removed from the Enforcement Response Plan (ERP) and replaced with a Notice of Corrective Action. A noncompliance fee will not be issued with Notice of Corrective Action. A Notice of Corrective Action will only apply to certain types of minor violations, as described in the ERP. "Language in Section 6. 3 Appeal Process has been edited to clarify the appeal process to allow for industry to contest an enforcement response. Also, please note that according to Table 6. 1 Escalating Enforcement Response Guide of the ERP, certain violations will not have a warning letter (now referred to as a Notice of Corrective Action) as the initial enforcement response. " City of Modesto Water Wealth Contentment Health Slide 1

Stakeholder Comments Cont’d Response: Comment: 3. 4. 5. What type of guidelines does ECS use to determine 3. Industrial Users Significant Noncompliance and how would that apply to a seasonal operation like that of XXXX? The definition of SNC (MMC 5 -6. 103) is too subjective? We are concerned that the rolling 12 -month period is too restrictive for our seasonal operation. Please 4. consider a monthly and or quarterly evaluation period to determine IU Significant Noncompliance. "Regarding warning letters: 5. a) City’s proposed revision to the ERP: $100 fee + $15 per day late fees imposed with warning letters b) Comment: a fee implies a violation and nulls the intent of a warning letter; propose no changes to ERP for warning letters" The definition of Significant Noncompliance in the ERP matches the definition of the term in 40 Code of Federal Regulations (CFR) 403. 8(f)(2)(viii) and MMC 5 -6. 103. The time periods referred to in the definition would apply to periods when discharge is occurring. Multiple occurrences of the same violation within a rolling twelve-month period indicates that there is an issue that is not being resolved and warrants escalating enforcement action. See response to Item #1. City of Modesto Water Wealth Contentment Health Slide 2

Stakeholder Comments Cont’d Comment: 6. Response: 6. "Regarding NOVs for late or incomplete reports of compliance: City’s proposed revision to ERP: assess $500 + $50 per day for late or incomplete compliance reports (these are our monthly reports that include lab results) a) Comment: we propose that the City consider use of a permit shield-type clause similar to CAA + Title V • if industry is complying with conditions of its wastewater discharge permit, it should be shielded from enforcement action in the form of an NOV + fine for a late report • a late report should result in a warning letter • X number of warning letters issued for chronic offenses (i. e. 3 late compliance reports) could, however, result in an administrative NOV" A late or incomplete report is a violation of the conditions of the wastewater discharge permit. Refer to Table 6. 1 of the ERP for information on the escalating enforcement actions associated with a late or incomplete report. Industries are encouraged to communicate with the ECS prior to the deadlines for reports. ECS may grant extensions upon request, prior to the due date for the reports. City of Modesto Water Wealth Contentment Health Slide 3

Stakeholder Comments Cont’d Response: Comment: 7. Regarding language the City alternates with throughout their proposed revisions to the ERP: • noncompliance fees vs civil penalties • choose one term or the other: we recommend ‘noncompliance fees’ since civil penalties implies a completely different level of intent by the industry 7. Noncompliance fees and civil penalties are two separate terms that are applicable in the ERP. Noncompliance fees are issued when violations for specific categories occur. If noncompliance continues, civil penalties will be applied. 40 CFR 403. 8(f)(1)(vii) requires that Publicly Owned Treatment Works have the legal authority to seek or assess civil or criminal penalties of at least $1, 000 per day for each violation. City of Modesto Water Wealth Contentment Health Slide 4

Frequent Pretreatment Reporting Issues • • • Self-Monitoring (SMR) and Periodic Compliance Reports (PCR) are due no later than the 10 th of the month • Next business day exceptions for weekends and holidays • Exceptions can be made if you contact our office by the 10 th Composite samples collected on the 1 st of the month represent the last day of the previous month Composite samples should be 24 -hour • Flexibility provided for 20 -hours to 28 -hours COCs must include all necessary signatures All samples collected at the Point of Discharge must be reported City of Modesto Water Wealth Contentment Health Slide 5

Frequent Pretreatment Reporting Issues Cont’d. • • When sampling multiple times a month, a summary of dates sampled should be included with your PCR Samples must be run within the required hold time Certification Statement I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. City of Modesto Water Wealth Contentment Health Slide 6

Slug Discharges • Definition of a Slug Discharge: • Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s ordinances, local limits or permit conditions. POTWs are required to ensure that IUs have policies and procedures in place to prevent or mitigate the effects of Slug Discharges. City of Modesto Water Wealth Contentment Health Slide 7