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STAFF REPORT 6 COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC. SAN JOAQUIN COUNTY final closure is implemented in 2050; 46 more years. Failure to submit a closure report that meets the minimum requirements prevents Regional Board from adequately protecting the beneficial uses of water quality. Ability to Pay The Discharger has the ability to pay for the corrective action measures necessary to protect water quality. No financial documents have been received supporting an inability to pay. If the Discharger is financially unable to complete its required closure obligations, then it should not be allowed to continue discharging waste. Degree of Culpability The Discharger is culpable for the violation cited as it had received verbal and written notifications regarding the necessity to submit the required reports. The Discharger verbally stated that they understood the minimum requirements of WDRs and Title 27,but disagreed with the requirement. The Discharger had ample opportunity to submit the required reports and clearly understood the minimum requirements, but failed to do so. Economic Benefits By failing to submit the required closure plan for Module "I" in compliance with WDRs and Title 27, the Discharger realized an economic benefit by delaying the expenditure of funds necessary to fully address the necessity to provide an adequate closure report. The Discharger has also received an unfair economic advantage, relative to other dischargers,by refusing to complete the reports in a timely fashion. Other Matters of Justice May Require Staff costs are estimated to be$6,400 (based on estimated staff time of 80 hours at$80 per hour) in generation of the ACL complaint. DETERMINATION OF AMOUNT Water Code Section 13268 authorizes the imposition of administrative liability for violation of Water Code Section 13267. The maximum fine for each day of violation is one thousand dollars (S 1,000). The maximum amount was determined from the CWC 13267 Order compliance date of 1 November 2003 to the date of the ACL Complaint. The report was a total of 46 days late. Therefore, the total maximum administrative civil liability for the violations noted in the Complaint is forty six thousand dollars (546,000). No minimum liability is required to be imposed under Section 13268(b)(1). RECOMMENDATION Staff recommends that the Administrative Civil Liability Order be issued to the County of San Joaquin and Foothill Sanitary Landfill, Inc. The Executive Officer issued the Administrative Civil Liability Complaint in the amount of$10,000, and due to legal constraints, staff must prepare an Administrative Civil Liability Order for the same amount for the Board's consideration. KAS/VJI: 7-Jan-04