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• .R5-2002-0502 • 7- <br /> ADMINISTRATIVE CIVII,LIABILITY COMPLAINT NO <br /> MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY <br /> SAN JOAQUIN COUNTY <br /> 28. As a result of the events and activities described in this Order, the Executive Officer finds that the <br /> Discharger has caused or permitted waste to be discharged in such a manner that it has created, <br /> and continues to threaten to create, a condition of pollution or nuisance. The Executive Officer <br /> also finds that the Discharger is discharging waste in violation of WDRs Order No. 97-037, and in <br /> violation of C&A Order No. 5-00-717. <br /> 29. Considering the violations and information cited above,the total maximum civil liability that can <br /> be imposed by the Regional Board for all violations is $2,919,000 and the minimum civil liability <br /> is $129,500. The minimum civil liability exceeds staff's estimate of the economic benefit. <br /> 30. Issuance of this Complaint is exempt from the provisions of the California Environmental Quality <br /> Act (Public Resources Code Section 21000, et. seq.), in accordance with Section 15321 (a)(2), <br /> Title 14, of the California Code of Regulations. <br /> MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY ARE HEREBY GIVEN <br /> NOTICE THAT: <br /> 1. The Executive Officer of the Regional Board proposes that the Discharger be assessed <br /> Administrative Civil Liability in the amount of one hundred fifty thousand dollars ($150,000.00). <br /> The amount of the liability proposed is based upon a review of the factors set forth in Water Code <br /> Section 13323 cited above, and includes consideration of the economic benefit or savings resulting <br /> from the violations. <br /> 2. A hearing shall be held on 6 or 7 June 2002 unless the Discharger agrees to waive the hearing and <br /> pay the imposed civil liability in full. <br /> 3. If a hearing is held, the Regional Board will consider whether to affirm, reject, or modify the <br /> proposed Administrative Civil Liability, or whether to refer the matter to the Attorney General for <br /> recovery of judicial civil liability. <br /> 4. In lieu of a hearing, the Discharger may waive the right to a hearing. If you wish to waive your <br /> right to a hearing,please sign the enclosed waiver and return it with the amount of civil liability(in <br /> a check made payable to the State Water Resources Control Board Cleanup and Abatement <br /> Account), to the Board's office at 3443 Routier Road, Sacramento, CA 95827, by 8 May 2002. <br /> AR ARLTON, Executive Officer <br /> (Date) <br /> Attachment • TRO:alo:4/11/2002 <br />