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Mr. Alex Diepenbrock -2- 22 October 1990 <br /> (d) When there is a discharge, and a cleanup and abatement order is issued <br /> pursuant to Section 13304, liability shall be imposed as follows: <br /> (1) Civil liability may be administratively imposed by a regional board <br /> pursuant to Article 2.5 (commencing with Section 13323) for a violation of <br /> this section in an amount which shall not exceed five thousand dollars <br /> ($5,000) for each day in which the discharge occurs and for each day the <br /> cleanup and abatement order is violated." <br /> Furthermore, the Settlement Agreement states in part: <br /> "III. PERFORMANCE OF WORK <br /> Arcady will fully comply with Cleanup and Abatement Order No. 90-029. <br /> Compliance will include, but not be limited to, meeting the time schedule set <br /> forth in Order No. 90-029, submitting reports which are complete, and properly <br /> closing the surface impoundments. " <br /> "V. STIPULATED PENALTIES <br /> In the event that Arcady fails to comply with any of the dates in the time <br /> schedule set forth in Order No. 90-029, the RWQCB may assess a stipulated penalty <br /> against Arcady. A stipulated penalty may be assessed in an amount of $1,000 for <br /> each week (or part thereof) of noncompliance." <br /> Because of your failure to submit a final closure/post-closure maintenance report <br /> for the surface impoundments, the Board may assess a penalty of $7,000 for the <br /> period from 1 September 1990 to 20 October 1990. <br /> Unless we receive from you by 1 November 1990 both (1) a written statement <br /> explaining to our satisfaction the reasons for your failure to comply with the <br /> C&A and, (2) a written commitment to comply with the C&A by specific dates which <br /> are agreeable to us, we will recommend to our Board that administrative civil <br /> liability be imposed and/or stipulated penalties be assessed. <br /> If you have any question regarding this letter, please call Greg Vaughn at <br /> (916) 361-5743. <br /> THOMAS R. PINKOS <br /> Supervising Engineer <br /> TRP:GKV:ej <br /> cc: Ms. Betsy Jennings, Office of Chief Counsel , State Water Resources <br /> Control Board, Sacramento <br /> /Mr. Ron Valinoti , San Joaquin County Public Health Services, Stockton <br /> Mr. William De Paoli , Stockton <br /> Mr. John Mathews, Mattco Petroleum Company, Sacramento <br /> Mr. Al Kisner, Stockton <br />