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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. • 5 MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY VIOLATIONS ADDRESSED UNDER CWC SECTION 13350 19. Section 13350 of the CWC states, in part: "(a)Any person who (1) intentionally or negligently violates any cease and desist order or cleanup and abatement order hereafter issued,reissued, or amended by a regional board or the state board . . . shall be liable civilly in accordance with subdivision (d) or(e)." "(e) The state board or a regional board may impose civil liability administratively pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 either on a daily basis or on a per gallon basis, but not both. (1)The civil liability on a daily basis may not exceed five thousand dollars ($5,000) for each day the violation occurs. (A) When there is a discharge, and a cleanup and abatement order is issued, except as provided in subdivision (f), the civil liability shall not be less than five hundred dollars ($500) for each day in which the discharge occurs and for each day the cleanup and abatement order is violated. (B) When there is no discharge, but an order issued by the regional board is violated, except as provided in subdivision (0, the civil liability shall not be less than one hundred dollars ($100) for each day in which the violation occurs." 20. Section 13327 of the CWC states, in part: "In determining the amount of civil liability, the regional board, and the state board upon review of any order pursuant to Section 13320, shall take into consideration the nature,circumstance, 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 benefit or savings, if any,resulting from the violation, and other matters as justice may require." 21. The maximum administrative civil liability which can be imposed by the Regional Board under Water Code 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 stated in Finding No. 14, there were a total of 105 days of violations of this portion of the C&A Order. herefore, the maximum administrative civil liability is $5,000 times 105, for a total liability of$525,000 under Water Code Section 13350. 22. The minimum administrative civil liability which can be imposed by the Regional Board under Water Code Section 13350 is $500 per day of violation when there was a discharge plus $101 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 for a total liability of$52,500 under Water Code Section 13350. VIOLATIONS ADDRESSED UNDER CWC SECTION 13268 23. Section 13268 of the CWC states, in part: "(a) Any person failing or refusing to furnish technical or monitoring reports as required by subdivision (b) of Section 13267. . . is guilty of a misdemeanor, and may be liable civilly in accordance with subdivision(b)."