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STAFF REPORT • • ADMINISTRATIVE CIVIL LIABILITY ORDER AND 6 REVISION TO THE CWC WATER CODE SECTION 13308 TIME SCHEDULE ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY improvements. In addition, the Discharger has never fully complied with its monitoring and reporting program. Voluntary Cleanup The Discharger has made no voluntary effort to cleanup or abate the conditions that caused the violations of the WDRs and C&A Order. Degree of Culpability The Discharger owns and operates the facility that generates the wastewater and owns and operates the land application area. The Discharger is therefore responsible for the wastewater and is culpable for the violations cited because it has received numerous written and verbal notifications regarding the necessity to submit the technical reports and self-monitoring reports and comply with the WDRs and C&A Order. The Discharger had ample opportunity to submit the required information and complete the required improvements, but failed to do so. Economic Benefit By failing to submit the required reports and complete the required'facility improvements, the Discharger realized an economic benefit by delaying the expenditure of funds necessary to adequately treat and safely dispose of the wastewater, to properly monitor the discharge, and to provide technical information required to develop revised WDRs. Other Matters as Justice May Require Staff costs associated with the generation of the ACLC, agenda material, and the Regional Board presentation are estimated to be approximately ten thousand dollars ($10,000). DISCHARGER'S PROPOSED SETTLEMENT The ACLC was issued on I I April 2002 and required that payment be made by 8 May 2002 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. Although the Discharger made several arguments against staff's assessment of the number of violations and the economic benefit it derived by non-compliance with the cited Orders, on 7 May 2002, the Discharger submitted a letter agreeing to the amount of the civil liability and requesting that it be allowed to complete a Supplemental Environmental Project (SEP) in lieu of paying$68,800 of the total-assessed liability. Staff do not agree that an SLP is appropriate in this case, and have therefore brought the matter to the Regional Board. Proposed Supplemental Environmental Project The proposed SEP consists of three elements: Construction of three small earthen berms across the stream channel that must be relocated as a result of construction this summer of the new 114 million gallon wastewater storage pond. The ostensible purpose of these berms is to create three discrete wetlands habitats within the new stream channel. The Discharger proposes to place topsoil from the base of