CORRESPONDENCE_2003-2004 - Laserfiche WebLink

Home Browse Search

STAFF REPORT 4 COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL,INC. SAN JOAQUIN COUNTY minimal amounts of water will enter the landfill, and will reduce the potential for accelerated landfill gas production." On 8 October 2003, the Discharger stated that an update of the EMP report would be submitted by 1 November 2003. On 30 October 2003, the Discharger submitted; (1) Corrective Action Plan Based on Evaluation Monitoring For Past VOC Impact at Foothill Sanitary Landfill, (2) Partial Cover Workplan; Foothill Sanitary Landfill, (3) Soil Gas Analytical Results for North County and Foothill Sanitary Landfills, and (4) Soil Gas Well Boring Logs and Completion Records for North County and Foothill Sanitary Landfills. The submittal failed to include a Closure Plan for Module "I"that complies with WDRs and Title 27. ADMINISTRATIVE CIVIL LIABILITY COMPLAINT The 16 September 2003 letter from the Executive Officer required that the Discharger submit an Engineering Feasibility Study, which included the closure of Module "I"pursuant to Section 13267 of the CWC. The report received was inadequate because it failed to comply with the minimum requirements set forth in WDRs or Title 27. Therefore, the Discharger has violated CWC Section 13267 by not submitting the required reports, and is subject to a civil liability action. The ACL Complaint was issued based on a finding of failure to comply with Section 13267 (b)(1) of the CWC, which states, in part, the following: "....the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste outside of its region that could affect the quality ofwaters within its region, shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires...." CWC Section 13268 (a) states: "Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision(b) of Section 13267, or failing or refusing to furnish a statement of compliance as required by subdivision (b) of Section 13399.2, or falsifying any information provided therein, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision(b)." CWC Section 13268(b)(1) states: "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 (S 1,000) for each day in which the violation occurs."