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ADM][NISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO.R5-2003-0159 COUNTY OF SAN JOAQUIN Ati-D INTT FOOTHILL SAARY LANDFILL, INC. -2 SAN JOAQULN COL>ti'TY includes design and construction of the soil cover for all modules in the Unit and address the performance standards for precipitation and drainage controls. The WDRs required the reports be submitted on 1 June 2003. The CWC 13267 Order required the documents to be submitted on 1 November 2003. 7. On 30 October 2003, the Discharger submitted the Partial Cover workplan and the Engineering Feasibility Study report. The Engineering Feasibility Study report was titled Corrective A,crion Plan Based on Evaluation_Lfonitorin-for Past IOC Impact at Foothill Sanitary Landfill. These documents failed to include a Closure Plan for Module 'T" REGULATORY CONSIDERATIONS 8. The Discharger, by the acts and omissions above, violated provisions of CWC Section 13267 (b)(1), which reads, in part, as follows: "....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 of waters within its region, shall furnish, under penalty of perjury,technical or monitoring program reports which the regional board requires...." 9. CWC Section 13268 (a) states: "Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 1326 7, 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)." 10. 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 (51,000) for each day in which the violation occurs." 11. CWC Section 13327 states: "In determining the amount of civil liability, the regional board ... shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator,the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require."