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DRAFT Staff Report -7- Administrative Civil Liability Complaint Rodney and Gayla Schatz dba Mokelumne Rim Vineyards San Joaquin County are significant penalties for submitting false information, including the possibility of fine and imprisonment. vi. Administrative staff has had trouble routing the monitoring reports to the correct person due to inadequate labeling. Some of the monitoring reports consist only of a chain-of- custody form stating no discharge occurred in the month. Such a report does not comply with the monitoring requirements because many of the monitoring requirements, such as pond freeboard, are not reported. The Discharger has verbally agreed to provide better information on the transmittal so that the report will be routed to the correct staff person. The failure to comply with the WDRs lead to the issuance of two NOVs, and ultimately,preparation of the proposed ACLC. Administrative Civil Liability Complaint The Discharger has violated California Water Code (CWC) Sections 13301 and 13267 by not submitting the required technical and self-monitoring reports, and is subject to a civil liability action. In determining the amount of any civil liability pursuant to CWC Section 13327, the Regional Board must 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 ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and other matters as justice may require. These factors were considered as follows: Nature and Circumstances The nature of the violations is that the Discharger was required in a WDR Order, pursuant to CWC Section 13267,to submit the above-described technical reports. These reports were necessary to show that the Discharger had made improvements to its wastewater system to comply with its WDRs, not generate nuisance conditions, and minimize any impact to groundwater quality. The circumstances are such that the Discharger was aware of the necessity to provide the required technical reports by certain dates, but failed to do so. Extent The extent of the violations is that the Discharger was required, pursuant to CWC Section 13267, to submit those technical reports described above by certain dates. The reports are significantly overdue and are incomplete. As of 12 October 2005, the reports are a total of 6,714 days late. Gravity The gravity of the violations is that the reports are necessary to show that the Discharger has made certain improvements to its wastewater treatment, storage, and disposal system. - The Discharger has shown, through its own technical reports, that it does not have sufficient storage capacity at the wastewater storage pond. W:�Stat2\Obrien`Mw 1oaqum\Moke1u Rim VimyanlskACL Sept 05SStaff Report DOC