SITE INFORMATION AND CORRESPONDENCE

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Messrs. Keaton and Kollen - 2 - 0 29 October 2004 years past the Executive Officer's approval of the workplan unless specifically approved by the Board. The component evaluation, recommended improvements, and implementation schedule are subject to the Executive Officer's approval. The WDRs require that the technical reports be submitted pursuant to CWC 13267, which states, in part: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports. " Section 13268 of the CWC states, in part: "(a) Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, or failing or refusing to furnish a statement of compliance as required by subdivision (b) of Section 13399.2, or falsifying and information provided therein, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). (b)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with section 13323) of Chapter S for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000)for each day in which the violation occurs. " Due to the failure to submit the required reports pursuant to Section 13267, staff's usual next step is to recommend to management that civil liability (monetary penalties) be assessed. As of 29 October 2004, the maximum liability for the delinquent reports listed above is $607,000. However, staff will not recommend that the Executive Officer issue an Administrative Civil Liability Complaint (ACLC) if the delinquent reports are submitted by the schedule presented above. Please note that the WDRs require that a California Registered Professional prepare the reports. If you have any questions about this Notice of Violation or the report requirements, please contact Tim O'Brien at (916)464-4616. �A,1J WENDY LS, Chief Waste Discharge to Land Unit cc: Mike Huggins, San Joaquin County Environmental Health Department, Stockton w:�mmobiaMaa Jo wftV,aauoo_Wwmmnmoa Wuwn]x W U4