SITE INFORMATION AND CORRESPONDENCE_2005-CURRENT

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ADMINISTRATIVE CIALIA MITY COMPLAINT NO. R5-2005-07 9 -5- CITY OF MANTECA SAN JOAQUIN COUNTY these compliance time schedules and has only submitted reports in response to NOVs and CWC Section 13267 Orders. 17. In response to the 22 November 2004 NOV, the Discharger claims it has fallen behind on the time schedules due to staffing and budgeting constraints, and maintains its budget was in the final stages of development when WDR Order No. R5-2004-0028 was adopted in March 2004. However, the Discharger has failed to comply with nearly all compliance time schedules in WDR Order No. R5-2004-0028 and CDO No. R5-2004-0029. The compliance time schedules require the Discharger to inform the Regional Board when out of compliance and to provide a schedule for when compliance is anticipated. The Discharger only provided this information after being issued a NOV for failure to comply. Calculation of Penaltyfor Non-Discharge Violations 18. CWC Section 13385 states, in part: "(a) Any person who violates any of the following shall be liable civilly in accordance with this section: "(1) Section 13375 or 13376". (2)Any waste discharge requirements...issued pursuant to this chapter... " "(5)Any requirements of Section 301, 302, 306, 307,308, 318, 401, or 405 of the Clean Water Act, as amended". *r*r*r* "(c) Civil liability may be imposed administratively by the state board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 in an amount not to exceed the sum of both of the following: "(1) Ten thousand dollars ($10,000)for each day in which the violation occurs. "(2) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied by the number ofgallons by which the volume discharged but not cleaned up exceeds 1,000 gallons". "(e) In determining the amount of any liability imposed under this section, the regional board, the state board, or the superior court, as the case may be, shall take into account the nature, circumstances, 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 its ability to continue its 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 that justice may require. At a minimum, liability shall be assessed at a