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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO. R5-2003-0159 -3 - COUNTY 3 - COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC. SAN JOAQUIN COUNTY 12. CWC Section 13268(b)(1) authorizes Administrative Civil Liability in an amount not to exceed one thousand dollars ($1,000) for each day of failure to submit technical reports as required by CWC Section 13267(b). The CWC 13267 Order required the Closure Plan for Module"I"be submitted by 1 November 2003. As of the date of this Complaint, the Discharger has failed to submit the Closure Plan for Module"I." 13. The maximum liability for the nonsubmittal of the Closure Plan for Module "I"technical report is forty six thousand dollars ($46,000). This amount is based upon $1,000 dollars a day since 1 November 2003 to the date of this Complaint(46 days). The amount of the liability proposed is based upon a consideration of the factors set forth in CWC Section 13327 cited in Finding No. i 1- above. No minimum liability is required to be imposed under CWC Section 13268(b)(1). 14. 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. COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC.ARE HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes that the Discharger be assessed Administrative Civil Liability in the amount often thousand dollars ($10,000). The amount of the liability proposed is based upon a review of the factors set forth in California Water Code Section 13327 cited in Finding No. 10 above. 2. A hearing shall be held on 28/29/30 January 2004 unless the Discharger agrees to waive the hearing and pay the imposed civil liability in full. 3. If a hearing is held, the Regional Board will consider whether to affirm,reject, or modify the proposed Administrative Civil Liability, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. 4. In lieu of a hearing, the Discharger may waive the right to a hearing. If you wish to waive the hearing,please sign the enclosed waiver and return it with the amount of civil liability(in a check made payable to the State Water Resources Control Board),to the Regional Board's office at 11020 Sun Center Drive#200, Rancho Cordova, CA 95670-6114 by 6 January 2004. r,Lvw� R C THOMAS R. PINKOS, Executive Officer (Date)