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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ACL COMPLAINT NO. R5-2004-0520 ADMINISTRATIVE CIVIL LIABILITY IN THE MATTER OF COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC. SAN JOAQUIN COUNTY This Administrative Civil Liability Complaint (hereafter Complaint) is issued to County of San Joaquin and Foothill Sanitary Landfill, Inc. (hereafter known jointly as "Discharger")based on a finding of failure to submit reports pursuant to California Water Code (CWC) Section 13267 and based on provisions of CWC Section 13267(b)(1) and Sections 13268(a) and (b), which authorize the imposition of an Administrative Civil Liability. The Executive Officer of the California Regional Water Quality Control Board, Central Valley Region (Regional Board) finds, with respect to the Discharger's acts, or failure to act, the following: 1. San Joaquin County owns, and Foothill Sanitary Landfill, Inc. operates, a Class III municipal solid waste landfill about 1 mile south of Shelton Road, in Section 12 and 13, T2N,R9E, MDB&M, known as the Foothill Sanitary Landfill. 2. The facility is comprised of an 800-acre parcel (Assessors Parcel No. 093-44-01) containing a single Waste Management 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 80 acres. LF-2 is comprised of multiple lined modules, the first of which is planned for completion in 2003. 3. Waste Discharge Requirements (WDRs) Order No. R5-2003-0020 was adopted by the Regional Board on 31 January 2003. The WDRs address the construction, operation, closure, and evaluation monitoring of the Class III landfill HISTORY OF VIOLATIONS 4. On November 6, 2002, the Discharger submitted an Evaluation Monitoring Plan,which describes the criteria for delineating the nature and extent of groundwater pollution. Because Module "I" is unlined and presumed to be the source of waste discharges, the WDRs require the closure of Module "I" as part of the corrective action measures for past detections of VOCs, as defined in Finding No. 5 of the WDRs. 5. WDRs Order No. R5-2003-0020, Provision J.12, requires that the Discharger submit on 1 June 2003, the Engineering Feasibility Study report, including closure of Module "I." The Discharger did not submit the document by the date of compliance.