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Henry Foppiano - 2 - 9 September 2004 <br /> suspected of having discharged or discharging, or who proposes to discharge, waste outside <br /> of its region that could affect the quality of waters within its region shall furnish, under <br /> penalty of perjury, technical or monitoring program reports which the regional board <br /> requires. The burden, including costs, of these reports shall bear a reasonable relationship to <br /> the need for the report and the benefits to be obtained from the reports. In requiring those <br /> reports, the regional board shall provide the person with a written explanation with regard to <br /> the need for the reports, and shall identify the evidence that supports requiring that person to <br /> provide the reports. " <br /> Section 13268 of the CWC states, in part: <br /> "(a)Any person failing or refusing to furnish technical or monitoring program reports as <br /> required by subdivision (b) of Section 13267, or failing or refusing to furnish a statement of <br /> compliance as required by subdivision (b) of Section 13399.2, or falsifying and information <br /> provided therein, is guilty of a misdemeanor and may be liable civilly in accordance with <br /> subdivision (b). <br /> (b)(1) Civil liability may be administratively imposed by a regional board in accordance with <br /> Article 2.5 (commencing with section 13323) of Chapter S for a violation of subdivision (a) in <br /> an amount which shall not exceed one thousand dollars ($1,000)for each day in which the <br /> violation occurs. " <br /> Due to the failure to.submit the required reports pursuant to Section 13267, staff's usual next step is to <br /> recommend to management that civil liability (monetary penalties) be assessed. As of <br /> 9 September 2004, the maximum liability for the delinquent reports listed above is $690,000. <br /> However, staff will not recommend that the Executive Officer issue an Administrative Civil Liability <br /> Complaint(ACLC) if all of the delinquent reports are submitted by <br /> 9 December 2004. Please note that the WDRs require that a California Registered Professional <br /> prepare the reports. <br /> If you have any questions about this Notice of Violation or the report requirements, please contact Tim <br /> O'Brien at(916)464-4616. <br /> WENDY WYELS, Chief <br /> Waste Discharge to Land Unit <br /> cc: Mike Huggins, San Joaquin County Environmental Health Dept., Stockton <br /> W:\Stafl\ObrienTSan Joaquin\Mcmda Pmd=(Foppiawgoppiano 9 Sept OJ.DOC <br />