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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. 5-01-281 -6 - R. 6 - R. LAWSON ENTERPRISES, LLC DBA WB,DROSE VINEYARDS SAN JOAQUIN COUNTY undertaken, any prior history of violations, the degree of culpability, economic savings, if any,resulting from the violation, and other matters as justice may require." [Water Code Section 13327] 21. The Board determined, with respect to the factors in Finding No. 20, the following: The nature of the violation is that technical reports required by the Board pursuant to Section 13267 of the CWC were not submitted. The circumstances are such that the Discharger was aware of the necessity to provide the required documents,but failed to do so. The extent of the violation is that staff issued a 26 October 2000 Notice of Violation for failure to submit a technical report describing four facility improvements and for failure to submit a groundwater monitoring well workplan. When the Discharger again failed to submit the reports, staff him on 28 December 2000 to inquire about the reports and inform him that enforcement activities were likely if the reports were not submitted. On 21 March 2001, staff provided a conditional approval of a draft groundwater monitoring well workplan. The conditional approval required that technical issues be address in a final workplan that was to be submitted by 21 April 2001. The Discharger failed to submit that report. On 11 April 2001, staff contacted the Discharger by facsimile machine, stating that a number of items required in the WDRs had not been submitted, that monitoring reports had not been submitted, and that continued noncompliance could result in an ACL. On 11 April 2001, the Discharger submitted incomplete self-monitoring reports for the months of January 2001, February 2001, and March 2001. The Discharger has failed to submit any other monitoring reports. The lack of compliance was also discussed during a 26 July 2001 inspection, and the Discharger was warned that continued noncompliance would result in an ACL. The gravity of the violation is that failure to submit the required reports and perform wastewater treatment system upgrades has prevented staff from assessing the potential threat of wastewater disposal to the underlying groundwater and has resulted in poor wastewater treatment and land application. In addition, this Discharger has received an unfair economic advantage,relative to other local wineries,by refusing to complete these required reports. With respect to the violator, it is believed that there is an ability to pay and continue operating. The Discharger has not provided any financial documents indicating an inability to pay the ACL Complaint. The Discharger's history of wastewater discharge has been one of continued noncompliance with the waiver and with the WDRs. A site inspection performed on 26 July 2001 revealed numerous violations of the wastewater application requirements and failure to construct required improvements to the wastewater treatment system. The Discharger has never complied with the monitoring and reporting programs. The Discharger is responsible for the wastewater and is culpable for the violation cited, as he has received.written and verbal notifications regarding the necessity to submit the technical reports and self-monitoring reports. The Discharger had ample opportunity to submit the required information,