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Dennis Rippey 2 13 January 2010 <br /> • • <br /> Lodi Vintners <br /> The Revised MRP was issued pursuant to California Water Code section 13267, which states <br /> the following: "In conducting an investigation specified in subdivision (a), the regional board <br /> may require that any person who has discharged, discharges, or is suspected of having <br /> discharged or discharging, or who proposes to discharge waste within its region, or any citizen <br /> or domiciliary, or political agency or entity of this state who has discharged, discharges, or is <br /> suspected of having discharged or discharging, or who proposes to discharge, waste outside <br /> of its region that could effect the quality of waters within its region shall furnish, under penalty <br /> of perjury, technical or monitoring program reports which the regional board requires. The <br /> burden, including costs, of these reports shall bear a reasonable relationship to the need for <br /> the report and the benefits to be obtained from the reports. In requiring those reports, the <br /> regional boards shall provide the person with a written explanation with regard to the need for <br /> the reports, and shall identify the evidence that supports requiring that person to provide the <br /> reports." <br /> Due to the failure to submit the required reports pursuant to section 13267, staff's usual next <br /> step is to recommend that civil liability (i.e., monetary penalties) be assessed against the <br /> discharger. Pursuant to California Water Code section 13268, the Central Valley Water Board <br /> may asses up to $1,000 per day for each day a report is late. As of 1 January 2010, the <br /> maximum liability for the late and delinquent reports is $45,335,000, as shown in the <br /> enclosed table. However, staff may not recommend that the Executive Officer issue an <br /> administrative civil liability complaint for late report submittals if Lodi Vintners, Inc. completes <br /> the following items: <br /> • By 15 February 2010, submit all delinquent self-monitoring reports. In addition, Lodi <br /> Vintners, Inc. must submit all future monitoring reports in accordance with the Revised <br /> MRP. <br /> • By 15 February 2010, provide a written explanation of why these monitoring reports have <br /> not been submitted by their respective due dates and identify the actions that will be taken <br /> to assure that future monitoring reports will be submitted on time. <br /> Staff will evaluate your submittals in considering whether to propose issuance of an <br /> administrative civil liability complaint. Be advised that failure to fully comply with future <br /> reporting requirements will result in staff recommending additional enforcement, which may <br /> include the issuance of an administrative civil liability complaint of up to $1,000 per day for late <br /> or inadequate reports. <br /> If you have any questions regarding this letter or the enclosed table summarizing Lodi Vintners <br /> potential liability, please contact Brendan Kenny at (916) 464-4635. <br /> STEVE E. ROSENBAUM <br /> Senior Engineering Geologist <br /> Compliance and Enforcement Section <br /> Enclosures: Revised Monitoring and Reporting Program No. 93-112 <br /> Summary of Potential Liability <br />