SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R.LAWSON ENTERPRISES,LLC DBA WILDROSE VINEYARDS SAN JOAQUIN COUNTY n. The June 2001 Monthly/Second Quarter Monitoring Report is 128 days late; o. The July 2001 Monthly Monitoring Report is 97 days late; and p. The August 2001 Monthly Monitoring Report is 67 days late. q. The September 2001 Monthly Monitoring Report is 36 days late. r. The October 2001 Monthly Monitoring Report is 6 days late. 25. The maximum liability for this nonsubmittal of technical reports is four million, three hundred forty two thousand dollars ($4,342,000). No minimum liability is required to be imposed under Section 13268(b)(1). 26. The Board, after hearing all testimony, determined the Discharger is civilly liable. In determining the amount of civil liability, the following factors have been taken into consideration: "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." [Water Code Section 133271 27. The Board determined,with respect to the factors in Finding No. 26, 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