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Vincent Westphal -2 - 28 April 2003 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 California Water Code in part states: (b) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 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. The technical reports required by this Order are necessary to determine the circumstances that surround the above events, to assure compliance with the applicable regulatory orders, and to assure protection of the public health and safety. The Discharger owns or owned the site and/or conducted the activities that have resulted in the discharges of waste. Pursuant to Section 13267 of the California Water Code Bear Creek Winery shall submit the following reports: • FCE stated that there is no indication that the facility has impacted water quality underlying the site and that background groundwater quality has not been established for the facility. By 20 June 2003, Bear Creek Winery shall submit a workplan for installation of groundwater monitoring wells to characterize upgradient groundwater quality and downgradient groundwater quality for the LTUs. All active LTUs must be monitored. Monitoring wells shall be constructed to yield representative samples from the uppermost saturated interval and to comply with applicable well standards. The workplan shall be consistent with, and include the items listed in, the first section of Attachment A, "Items to be Included in a Monitoring Well Installation Workplan and a Monitoring Well Installation Report of Results." By 20 June 2003, the Discharger shall submit a Vadose Zone Monitoring Workplan. The workplan shall describe proposed vadose zone monitoring locations,proposed sampling techniques, and frequency of sampling designed to ensure that the free draining liquid within the vadose zone is representatively characterized. The workplan must include an implementation schedule. The purpose of this monitoring is to determine whether the land treatment units are sufficiently treating the wastewater such that the underlying groundwater will not be degraded. Monitoring shall be performed in active LTUs and in proposed LTUs that have not received wastewater application. • FCE has stated that reliance on the Land Treatment Unit to buffer organic acids in the wastewater is preferable to neutralizing the wastewater pH and that soil buffering will provide a more reliable operating method to protect water quality. Furthermore, FCE has recommended the pH buffering capacity of each land treatment field be estimated(by a certified laboratory) to provide further evidence and guidance regarding management of pH buffering capacity. By 20 June 2003, Bear Creek Winery shall submit an LTU Buffering Capacity Workplan to investigate the buffering capacity of all present and future land application areas identified in the tentative WDRs. The workplan shall include a description of the amount of wastewater that can be buffered by the LTUs without adding chemicals to adjust the LTUs' buffering capacity. The analysis shall include