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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. -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 (S 1,000) for each day of failure to submit technical reports as required by CWC Section 13267(b). The CWC 13267 Order required the Engineering Feasibility Study, which includes the closure of Module "I"be submitted by 1 November 2003. As of the date of this Complaint, the Discharger has failed to submit an adequate closure plan for Module "I"in compliance with WDRs and Title 27. 13. The maximum liability for the nonsubmittal of the Engineering Feasibility Study, which includes closure of Module "I" in compliance with WDRs and Title 27 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 the ACL 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. 11 above. No minimum liability is required to be imposed under CWC Section 13268(b)(1). 14. The Regional Board determined, with respect to the factors in Finding No. 11, the following: The nature of the violation is that the Discharger was required by WDRs Order No. R5-2003-020 to submit an Engineering Feasibility Study, which included the closure of Module "I." The Discharger has failed to submit a Closure Plan for the unlined Module "I"that adequately addresses the minimum requirements. This issue was discussed with the Discharger on several occasions upon which Regional Board staff clearly stated the minimum requirements of WDRs and Title 27. The Discharger stated that they clearly understood, but did not agree that meeting the minimum closure requirements was necessary. The circumstances are such that the Discharger was aware of the necessity to provide the required reports in compliance with WDRs and Title 27, but failed to do so. The extent of the violation is that the Discharger was required, pursuant to CWC Section 13267, to submit the Engineering Feasibility Study, which includes the closure of Module "I" as prescribed in WDRs. The report was submitted 5 months late (based on the Compliance date specified in WDRs) and was not in compliance with WDRs and Title 27. The gravity of the violation is that failure to submit the required report has delayed the process towards corrective action. The corrective action is closure of the unlined Unit. VOCs have been detected in groundwater and the unsaturated zone. The Foothill Landfill is the only source of this pollution. Without containment and source control, LFG will continue to leak from the unlined Module "I" until 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. The Discharger has not demonstrated that there is an inability to pay the liability and continue operating.