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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO. R5-2005-0528 -5 - RODNEY AND GAYLA SCHATZ MOKELUMNE RIM VINEYARDS SAN JOAQUIN COUNTY but not both." 18. CWC Section 13350(e)(1) states: "The civil liability on a daily basis may not exceed five thousand dollars ($5,000)for each day the violation occurs." 19. CWC Section 13350(e)(1)(B) states: "(B)When there is no discharge,but an order issued by the regional board is violated,except as provided in subdivision(f),the civil liability shall not be less than one hundred dollars($100)for each day in which the violation occurs" 20. CWC Section 13327 states: "In determining the amount of civil liability,the regional board ... shall take into consideration the nature,circumstance,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 ability to continue in 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 as justice may require." 21. As of 12 October 2005, the Discharger has failed to submit the following complete or substantially complete technical reports: a. The Water Balance and Treatment Report(due on 17 June 2004; 482 days overdue). b. The Groundwater Well Installation Workplan(due on 17 June 2004; 482 days overdue). An acceptable workplan was submitted on 20 October 2005. c. The Land Application Area Improvement Report(due on 13 July 2004; 456 days overdue). d. The Operation and Management Plan (O&M Plan)(due on 13 July 2004; 456 days overdue). e. The Groundwater Well Installation Report of Results(due on 5 April 2005; 190 days overdue). f. The Salinity Reduction Study(due on 15 September 2004; 392 days overdue). 22. The required technical reports are a cumulative total of 2,458 days late. The maximum liability under CWC Section 13268(b)(1) for the nonsubmittal of these technical reports is $1,000 per day late, for a total maximum liability of two million, four hundred fifty eight thousand dollars ($2,458,000). No minimum liability is required to be imposed under Section 13268(b)(1). 23. As of 12 October 2005, the Discharger has failed to submit the following complete or substantially complete self-monitoring reports: Monitoring Report Due Date Status Da. sy Late May, 2004 7/1/2004 Not Submitted 468 June, 2004 8/1/2004 Not Submitted 437 July, 2004 9/1/2004 Not Submitted 406 August, 2004 10/1/2004 Not Submitted 376 September, 2004 11/1/2004 Not Submitted 345 October, 2004 12/1/2004 Not Submitted 315