Mandatory Minimum Penalty (MMP) for California Department of Fish and Wildlife-Mojave River Fish Hatchery
On October 23, 2020, the Lahontan Regional Water Quality Control Board's (Water Board) Prosecution Team issued the California Department of Fish and Wildlife (CDFW) an Expedited Payment Settlement Offer (Settlement Offer) with a Record of Violations for Assessing Mandatory Minimum Penalties. The Settlement Offer identified four (4) effluent limitations specified by Water Board Order No. R6V-2011-0081, NPDES Permit No. CA0102841 (permit) for the Mojave River Fish Hatchery that were violated within a 180-day period. The fourth effluent limitation violation in a 180-day period is subject to a mandatory minimum penalty (MMP) of $3,000. The Settlement Offer also identifies a monitoring report (4th Quarter 2014) that was submitted 41 days late and is also subject to a MMP of $3,000.
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 alleged violations. On October 27, 2020, CDFW took such action by signing and submitting the Settlement Offer’s Acceptance of Conditional Resolution and Waiver of Right to Hearing. The Settlement Offer was released for a 30-day public comment period, during which time no comments were received. On January 11, 2021, the Water Board's Executive Officer signed Order No. R6V-2020-0056, accepting the tentative settlement. The Order requires the California Department of Fish and Wildlife to pay $6,000 to settle mandatory minimum penalties that accrued between October 1, 2011 and June 30, 2020.
Additional information regarding the Order and other documents related to this action are provided below.