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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO.R5-2005-0528 -4- RODNEY AND GAYLA SCHATZ MOKELUMNE RIM VINEYARDS SAN JOAQUIN COUNTY 2004, 5 May 2005, and 21 July 2005). None of the workplans were complete, satisfactorily addressed staff's comments, or contained the information listed in the WDRs. A 12 September 2005 letter from Mokelumne Rim Vineyards states, "I have addressed the test well issue. Please indicate where your office would like them to be placed." An acceptable workplan was recently submitted on 20 October 2005, which is 502 days late. 10. WDRs Provision G.Ld required submittal of a Land Application Area Improvement Report (LAAIR) by 13 July 2004. The LAAIR was required to show that adequate containment exists surrounding the land application area, so that wastewater will not leave the area permitted for discharge. A report was submitted on 14 February 2005 which states: "A levee will be used if necessary on the west boundary, east of the railroad tracks." This statement indicates that a containment berm does not exist surrounding the land application area. To date, an adequate report has not been received. 11. WDRs Provision G.Le required submittal of an Operation and Management Plan (O&M Plan) by 13 July 2004. The 10 February 2005 O&M Plan that was submitted is inadequate because it does not address most of the items described in Provision G.l.e of the WDRs. To date, an adequate report has not been received. 12. WDRs Provision G.Lf required submittal of a Groundwater Well Installation Report of Results by 15 September 2004. Until 20 October 2005, a complete monitoring well installation workplan had not been submitted. As of this date, the wells have not been installed and the well installation report has not been submitted. 13. WDRs Provision G.Lg required submittal of a Salinity Reduction Study by 5 April 2005. The report has not been submitted. REGULATORY CONSIDERATIONS 14. By the acts and omissions cited in the Findings above,the Discharger has violated WDRs Order No. R5-2004-0035, which requires that all technical and monitoring reports be submitted pursuant to CWC Section 13267. 15. CWC Section 13268 (a) states: "Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision(b)of Section 13267, or failing or refusing to furnish a statement of compliance as required by subdivision(b)of Section 13399.2,or falsifying any information provided therein,is guilty of a misdemeanor and may be liable civilly in accordancewith subdivision(b)." 16. CWC Section 13268(b)(1) states: "Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323)of Chapter 5 for a violation of subdivision(a)in an amount which shall not exceed one thousand dollars($1,000)for each day in which the violation occurs." 17. CWC Section 13350(e) states: "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,