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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO.R5-2005-0528 -6- RODNEY AND GAYLA SCHATZ MOKELUMNE RIM VINEYARDS SAN JOAQUIN COUNTY Monitoringport Due Date Status Days Late November, 2004 1/1/2005 Not Submitted 284 December, 2004 2/1/2005 Not Submitted 253 Fourth Quarter, 2004 2/1/2005 Not Submitted 253 January, 2005 3/1/2005 3/4/05 (Incomplete) 225 February, 2005 4/1/2005 4/13/05 (Incomplete) 194 March, 2005 5/1/2005 5/1/05 (Incomplete) 134 First Quarter, 2005 5/1/2005 Not Submitted 164 April, 2005 6/1/2005 6/13/05 (Incomplete) 103 May, 2005 7/1/2005 7/14/05 (Incomplete) 103 June, 2005 8/l/2005 Not Submitted 72 Second Quarter, 2005 8/1/2005 Not Submitted 72 July, 2005 9/1/2005 8/22/05 (Incomplete) 41 August, 2005 10/1/2005 Not Submitted 11 24. As of 12 October 2005,the required self-monitoring reports are a cumulative total of 4,256 days late. The maximum liability under CWC Section 13268(b)(1) for the nonsubmittal of these monitoring reports is $1,000 per day late. Therefore, the maximum liability is four million two hundred fifty six thousand dollars ($4,256,000). No minimum liability is required to be imposed under Section 13268(b)(1). 25. The total maximum liability under CWC Section 13268(b)(1) for the non-submittal of the technical reports and self-monitoring reports is six million seven hundred fourteen thousand dollars ($6,714,000). 26. As of 12 October 2005, the Discharger has been in noncompliance with its WDRs for 2,458 days. The maximum liability under CWC Section 13350(e)(1) is $5,000 per day per instance of violation, and in this case, the maximum liability is for daily violation of the WDRs is thirty three million five hundred seventy thousand dollars ($33,570,000). The minimum liability under CWC Section 13350(e)(1) is $100 per day per instance of violation, and in this case, is six hundred seventy one thousand four hundred dollars ($671,400). 27. CWC Section 13350(f) allows imposition of a civil liabilty in an amount less than the minimum specified if express findings are made setting forth the reasons, based upon the specific factors required to be considered pursuant to CWC Section 13327. In this case, a civil liability less than the minimum required is appropriate based on (a)the Discharger's ability to pay and continue in business, (b)the economic benefit accured by the Discharger in not complying with the WDRs, (c) the water quality impacts resulting from noncompliance, and (d) the range of other administrative civil liabilities recently issued to other dischargers for similar issues of non-compliance. 28. Issuance of this Complaint is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et. seq.), in accordance with Section 15321 (a)(2), Title 14, of the California Code of Regulations.