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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. 5-01-281 -3 - <br /> R. LAWSON ENTERPRISES, LLC DBA WILDROSE VINEYARDS <br /> SAN JOAQUIN COUNTY <br /> 11. An ACL Complaint was originally issued to R. Lawson Enterprises, LLC on 22 August 2001. The <br /> complaint was sent by certified mail tag number 7099 3220 0005 3846 6565. The Postal Service <br /> provided the first notice of certified mail on 23 August 2001 and a second notice was provided on <br /> 28 August 2001. However, the Discharger did not accept the certified mail package, and it was <br /> returned to the Regional Board on 7 September 2001. Complaint No. 5-01-531 was reissued and <br /> was hand delivered to the Discharger by legal process service on 16 October 2001. The ACL <br /> Complaint proposes a$25,000 Administrative Civil Liability for the violation of CWC Section <br /> 13267. <br /> 12. On 30 November 2001, in response to the proposed Administrative Civil Liability Order, the <br /> Discharger delivered a number of reports to the Regional Board. Staff has not had time to respond <br /> to the reports in writing but the reports are described below: <br /> a. Self-monitoring reports for the period December, 2000 to October, 2001 were delivered. <br /> Samples were not collected in July, 2000 and August, 2000. All of the reports are incomplete <br /> due to a lack of continuous monitoring of wastewater flow rate, and a lack of monthly <br /> monitoring of sulfate and total dissolved solids. <br /> b. The Discharger provided information on the separation of stormwater flows and installation <br /> of a 12,000 gallon tank but does not show that a flow meter has been installed in a location <br /> that meets the requirements of the WDRs. <br /> c. The groundwater monitoring workplan and well installation reports have not been submitted. <br /> The Discharger has indicated a desire to use wells installed on the property as part of an <br /> independent groundwater investigation. Staff has indicated use of such wells is acceptable if <br /> the wells adequately monitor the areas of concern. The Discharger states that a consultant <br /> will be retained to prepare the workplan. <br /> d. The Operation and Wastewater Management Plan was not included in the Discharger's <br /> response. <br /> 13. The Discharger,by the acts and omissions described above, has violated Provisions of Section <br /> 13267 (b)(1) of the California Water Code,which reads, in part, as follows: <br /> "The regional board may require that any person who has discharged,discharges, or is suspected of <br /> discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political <br /> agency or entity of this state who has discharged, discharges, or is suspected of discharging,or who <br /> proposes to discharge waste outside of its region that could affect the quality of waters within its region, <br /> shall furnish,under penalty of perjury,technical or monitoring program reports which the regional board <br /> requires." <br /> 14. Water Code Section 13268 (a) states: <br /> "Any person failing or refusing to famish technical or monitoring program reports as required by <br /> subdivision(b) of Section 13267, or failing or refusing to furnish a statement of compliance as required by <br />