SITE INFORMATION AND CORRESPONDENCE

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Staff Report • • -5- R. Lawson Enterprises, LLC dba WildRose Vineyards "The regional board may require that any person who has discharged, discharges, or is suspected of 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 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." Water Code Section 13268 (a) states: "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 any information provided therein, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision(b)." Therefore, the Discharger violated CWC Section 13267 by not submitting the required reports, and is subject to a civil liability action. Both the WDRs and the MRP require that the technical and monitoring reports be submitted pursuant to Section 13267. The ACLC issued on 9 October 2001 requires that the Discharger pay$25,000 pursuant to Sections 13268 and 13327 of the CWC. The ACLC required that payment be made by 7 November 2001, or a hearing would be scheduled before the Regional Board. The Discharger has neither made payment nor demonstrated that it is financially incapable of making payment. Therefore, upon the request of the Discharger, this matter is being brought before the Regional Board. In determining the amount of any civil liability pursuant to CWC Section 13327, the Regional Board must take into account the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator,the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts 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. These factors were considered as follows: Nature and Circumstances The nature of the violation is that the Discharger was required to submit technical reports describing completion of wastewater treatment system improvements, installation of groundwater monitoring wells, and wastewater monitoring pursuant to Section 13267 of the CWC. The reports have not been submitted. The three monitoring reports that were submitted (as described above)were incomplete. The circumstances are such that the Discharger was aware of the necessity to provide the required reports, but failed to do so. Extent The extent of the violation is that reports required in the WDRs pursuant to CWC Section 13267 have not been submitted for an extended period of time. The table below summarizes the report submittal status: