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Port of Stockton -2- 17 February 2006 San Joaquin County reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identiji the evidence that supports requiring that person to provide the reports." Section 13268 of the California Water Code states, in part: "(b)(1) 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." Due to the failure to submit the required report pursuant to Section 13267 of the CWC, staff's usual next step is to recommend to management that civil liability (i.e., monetary penalties) be assessed against the Discharger. As of 17 February 2006, the maximum liability for the delinquent reports listed above is $79,000 as shown in the enclosed table. However, staff will not recommend that the Executive Officer issue an Administrative Civil Liability Complaint if the following is completed: By 2 March 2006, the Discharger shall submit a technical report that includes the following: Results of the groundwater investigation. Feasibility study and corrective action measures for the cleanup of soils, surface water and groundwater per Title 27 §20425. Report of Waste Discharge (RWD) for proposed containment facilities in compliance with Title 27 §21710 - SWRCB-Development of Waste Discharge Requirement. The RWD shall address the containment of sulfur and sulfur impacted storm water per Title 27 (construction of waste management units) or management practice to prevent the creations of waste (i.e. covered storage facilities and conveyance structures such that designated waste will not be created). If this report is not received by the above date, staff will recommend the issuance of an Administrative Civil Liability Complaint. If you have any questions about this Notice of Violation or the report requirements, please call Molly White at (916) 464-4676. Wii \C(Y?r WENDY WYELS, Supervisor Title 27 and WDR Units Enclosures: California Water Code Section 13267 Requirement for Technical Report Potential Liability Table cc: Margaret Lagorio, San Joaquin County Environmental Health Department, Stockton Mr. Jeffrey Wingfield, Jones and Stokes, C/O Port of Stockton, Stockton Mr. Peter Weiler, ERS Corporation, Walnut Creek, Mr. Zachary Walton, Paul, Hastings, Janofsky and Walker, LLP, San Francisco