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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO. R5-2004-0520 -3 - COUNTY 3 - COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC. SAN JOAQUIN COUNTY 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...." 12. CWC Section 13268 (a) states: "Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision(b) of Section 13267, 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)." 13. 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($1,000) for each day in which the violation occurs." 14. 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." 15. CWC Section 13268(b)(1) authorizes Administrative Civil Liability in an amount not to exceed one thousand dollars ($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, including the closure of Module "I" and the Partial Cover Workplan be submitted by 1 November 2003. As of the date of this Complaint, the Discharger has failed to submit the reports describing the closure of Module "I", as required by the WDRs. 16. The maximum liability for the nonsubmittal of the technical reports 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 this 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). 17. Issuance of this Complaint is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et. seq.), in accordance with Section 15321(a)(2), Title 14, of the California Code of Regulations.