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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO.R5-2004-0520 -2 - COUNTY 2 - COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC. SAN JOAQUIN COUNTY 6. On 16 September 2003, the Executive Officer issued a CWC 13267 Order requiring the Discharger to submit two reports, including(a) the Engineering Feasibility Study report, which includes the closure of Module "I,"required by the WDRs and(b) a Partial Cover workplan, which includes design and construction of the soil cover for all modules in the Unit and addresses 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 Report and Corrective Action Program, Based on the Results of the Evaluation Monitoring Plan at the Foothill Sanitary Landfill(Report), prepared by San Joaquin County, Department of Public Works, Solid Waste Division, that did not include closure of Module "I" in compliance with WDRs Order No. R5-2003-0020 and Title 27 California Code of Regulations (Title 27 CCR), Division 2, Subdivision 1. 8. On 16 December 2003, the Executive Officer issued Administrative Civil Liability Complaint (ACLC)No. R5-2003-0159 regarding the violation of WDRs Order No. R5-2003-0020 and Sections 13267 and 13268 of the California Water Code by San Joaquin County and Foothill Landfill, Inc. for not submitting a Closure Plan for Module "I"that was in compliance with WDRs and Title 27 CCR. ACLC No. R5-2003-0519 proposed to impose $10,000 in administrative civil liability on the Discharger. 9. The Executive Officer and Discharger entered into a settlement discussion,which culminated in the Discharger's acceptance of a Settlement Agreement(Agreement), which includes the issuance of a Cleanup and Abatement Order No. R5-2004-0706 and this new ACLC No. R5-2004-0520 rescinding ACLC No. R5-2003-0159. 10. The Agreement between the Executive Officer and Discharger resolves by consent and without further administrative proceedings certain alleged violations of the California Water Code and Waste Discharge Requirements Order No. R5-2003-0020. The Agreement contains, among other things, the agreement of the Discharger to pay$10,000 in civil liability and the agreement of the Executive Officer, upon a demonstration that discharges of landfill gas from Module "I"have been satisfactorily eliminated, to recommend that the WDRs be reopened and modified to be consistent with CAO No. R5-2004-0706. REGULATORY CONSIDERATIONS 11. 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