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CWC SECTION 13308 TIME SAULE ORDER NO.R5-2002-0014 • 8_ MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY 38. The penalties allowed under CWC Section 13308 are specified below for the tasks required to attain compliance with C&A Order No. 5-00-717 and WDRs No. 97-037. A lesser amount would not provide the incentive to make improvements to the wastewater system necessary to achieve compliance The specified civil penalty amounts are not intended to punish or redress previous violations. Issuance of this Order does not preclude the Board from adopting a future order assessing civil liability or penalties for the violations of C&A Order No. 5-00-717 and WDRs No. 97-037 which occurred previous to adoption of this Time Schedule Order or are not addressed in this Order. 39. In accordance with California Water Code section 13308(c), if the Executive Officer determines that the Discharger has failed to comply with the time schedule contained in this Order, the Executive Officer may issue a complaint pursuant to CWC Section 13323(a) alleging the violation(s) of the time schedule and setting forth the amount of civil penalty due under this Order. The Discharger may either pay the civil penalty or request a hearing before the Regional Board. 40. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act,pursuant to Section 15321(a)(2), Title 14, California Code of Regulations. 41. On 25 January 2002, in Sacramento, California, after due notice to the Discharger and all other affected persons, the Regional Board conducted a public hearing at which evidence was received to consider a California Water Code Section 13308 Time Schedule Order. 42. Any person affected by this action of the Regional Board may petition the State Water Resources Control Board to review the action in accordance with Section 2050 through 2068, Title 23, California Code of Regulations. The petition must be received by the State Water Resources Control Board, Office of Chief Counsel, P.O. Box 100, Sacramento, CA, 95812-0100, within 30 days of the date on which the Regional Board action took place. Copies of the law and regulations applicable to filing petitions are available at www.swrcb.ca.gov/Water laws/index.html and also will be provided upon request. IT IS HEREBY ORDERED that, pursuant to Sections 13308 and 13267 of the California Water Code, Musco Olive Products and the Studley Company, its agents successors, and assigns, shall in accordance with the following tasks and time schedule, implement the following measures and the facility upgrades required to ensure long-term compliance with WDRs No. 97-037, or any revisions to those WDRs. Any person signing a document submitted under this Order shall make the following certification: V certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my knowledge and on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. " 1. Effective 25 January 2002, the Discharger shall comply with all aspects of Revised Monitoring and Reporting Program (MRP)No. 97-037. Failure to submit complete monitoring reports shall result in a penalty of$2,500 per day in which a report is late or incomplete.