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DRAFT Staff Report -9- Administrative Civil Liability Complaint Rodney and Gayla Schatz dba Mokelumne Rim Vineyards San Joaquin County improvements to the wastewater treatment system. The Discharger must still submit the technical reports and make the improvements, so the economic savings for that noncompliance is simply the interest it has saved on any loans. Staff estimates that the Discharger accrued no more than $1,000 in savings due to non-submittal of the technical reports. The benefit realized by not monitoring as required by the MRP is estimated to be approximately $8,860. The total economic benefit realized is estimated to be approximately $9,860. Other Matters as Justice May Require Staff spent approximately 100 hours, or $8,000 in staff costs, in generation of the ACL Complaint, including review of the files. Staff estimate that we will incur another 80 hours of work(another $8,000) to prepare the agenda material for the ACL Order and to prepare for the Regional Board presentation. Prior History of Violations The Discharger has a history of violations at this facility, including inadequate freeboard in the wastewater pond, inadequate dissolved oxygen in the wastewater pond, failure to submit technical reports required by the WDRs, failure to submit complete self-monitoring reports, failure to meter wastewater flow rates, and failure to make needed improvments to the wastewater system. Determination of Amount California Water Code (CWC) Section 13268 authorizes the imposition of administrative civil liability for violation of CWC Section 13267. The maximum liability for each day of violation is one thousand dollars ($1,000). As of 12 October 2005, the required technical and self-monitoring reports are a cumulative total of cumulative total of 6,714 days late. Therefore, the maximum liability under CWC Section 13268 is six million seven hundred fourteen thousand dollars ($6,714,000).No minimum liability is required to be imposed under Section 13268(b)(1). 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). CWC Section 13350(f) allows imposition of a civil liability 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 accrued 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. Based on the above, the Executive Officer assessed an Administrative Civil Liability in the amount of thirty thousand dollars ($30,000). The amount of the liability proposed is based upon a review of the factors set forth in CWC Section 13327 and 13350, and includes consideration of the economic benefit or savings resulting from the violations. WAStatl\ObnenMm JoaquinN4okelm-e Rim Vineyards\ACL Sept OSStaff Report.DOC