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t ITEM: 11 SUBJECT: County of San Joaquin and Foothill Sanitary Landfill Inc., Sari Joaquin County BOARD ACTION: Consideration of an Administrative Civil Liability Order BACKGROUND: The County of San Joaquin owns and Foothill Sanitary Landfill Inc. operates the Foothill Sanitary Landfill. The facility is a municipal solid waste landfill (Class III) about 1 mile south of Shelton Road east of Lodi, San Joaquin County. The landfill is regulated under Waste Discharge Requirements (WDRs) Order No. R5-2003-0020 for Constriction, Operation, Closure and Evaluation Monitoring. The facility is comprised of an 800-acre parcel containing a single Waste Management Unit (Unit). This Unit is comprised of two areas: LF-1 and LF-2. LF-1 contains a single, unlined module (referred to as "Module I"), covering approximately 83 acres. Monitoring results indicate that landfill gas (e.g., volatile organic compounds) from the unlined Module "I"has impacted groundwater and the unsaturated zone. Because of the confirmed release of VOCs to the unsaturated zone and groundwater, the WDRs specified an Engineering Feasibility Report, which includes closure of Module "I,"be submitted by 1 June 2003. The Discharger failed to submit the report. Subsequently, the Executive Officer sent a California Water Code Section 13267 Order to submit the techinical documents by 1 November 2003. The Discharger failed to submit an adequate Engineering Feasibility Report, which included closure of Module "I," in accordance with Landfill Closure Requirements specified in WDRs or Title 27, California Code of Regulations. ISSUES: On 16 December 2003, the Executive Officer issued Administrative Civil Liability Complaint No. R5-2003-0519, for $10,000 to the Discharger. The maximum liability was estimated at 546,000. That amount represents $1,000 per day since the documents were due between the CWC 13267 Order and ACL Complaint (46 days). The Discharger submitted a letter on 6 January 2004 stating the County was not agreeing to pay the civil liability or waive the right to a hearing. Staff are asking that the Board consider adoption of a S 10,000 Administrative Civil Liability Order for the Foothill Sanitary Landfill. Mgmt. Review Legal Review 2-9/30 January 2004 Board Meeting Central Valley Regional Water Quality Control Board 11020 Sun Center Drive -200 Rancho Cordova, CA 95670-6114