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STAFF REPORT • • 4 ADMINISTRATIVE CIVIL LIABILITY ORDER AND REVISION TO THE CWC WATER CODE SECTION 13308 TIME SCHEDULE ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY Discharger consistently failed to complete all the analytical testing prescribed by the Monitoring and Reporting Plan. Each day that each report was incomplete was assessed as one day of violation of the Monitoring and Reporting Program. DETERMINATION OF AMOUNT The amount of the Discharger's civil liability was determined by taking into account the minimum and maximum penalties allowed under the two applicable sections of the CWC (Sections 13350 and 13268), as well as the factors listed in CWC Section 13327 (the nature, circumstance, extent, and gravity of the 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 benefit or savings resulting from the violation, and other matters as justice may require.) Based on the information described below, the Executive Officer determined that an ACL Complaint in the amount of$150,000 was appropriate. Maximum Liability The maximum administrative civil liability that can be imposed under CWC Section 13350 for the Discharger's failure to comply with discharge requirements specifically set forth in the C&A Order is $5,000 per day of violation. As described in the attached ACL Order, there were a total of 105 days of violations of this portion of the C&A Order. Therefore, the maximum administrative civil liability is $5,000 times 105, for a total liability of$525,000 under Water Code Section 13350. Because the C&A Order required the submittal of technical reports pursuant to Section 13267 of the CWC the Discharger is also liable for the incomplete and delinquent technical reports and incomplete monitoring reports described above and in the attached ACL Order. The maximum liability that can be imposed under CWC Section 13268 is $1,000 per day per report. There were a total of 381 days of violations of the technical report requirements set forth in the C&A Order and a total of 1,255 days of violations of the MRP. Therefore, the maximum administrative civil liability is $1,000 times 1,636 for a total liability of$1,636,000 under Water Code Section 13268. The total maximum civil liability that can be imposed under CWC Sections 13350 and 13268 is $525,000 plus $1,636,000 for a total of$2,161,000. Minimum Liability The minimum administrative civil liability that can be imposed under CWC Section 13350 is $500 per day of violation when there was a discharge plus $100 per day of violation when there was no discharge. All of the 105 days of violations occurred on days when there was a discharge. Therefore, the minimum administrative civil liability is $500 times 105 days for a total liability of$52,500 under CWC Section 13350. There is no minimum administrative civil liability that can be imposed by the Regional Board under CWC Section 13268. Therefore, the total minimum civil liability is $52,500.