SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

CLEANUP AND ABATEMENT ORNO.R5-2009-XXXX,ATTACHMENT A • -6- BUSTEZ ENTERPRISES,INC.AND H MARINA PROPERTIES,LLC H&H MARINA,15135 EIGHT MILE ROAD,STOCKTON,SAN JOAQUIN COUNTY (2) The civil liability on a per gallon basis may not exceed ten dollars ($10) for each gallon of waste discharged. (f) A regional board may not administratively impose civil liability in accordance with paragraph (1) of subdivision (e) in an amount less than the minimum amount specified, unless the regional board makes express findings setting forth the reasons for its action based upon the specific factors required to be considered pursuant to Section 13327. Pursuant to CWC section 13350, the Central Valley Water Board may impose penalties of up to $5,000 per violation per day for violations of cleanup and abatement orders. 3. CWC section 13385 authorizes the Central Valley Water Board to impose administrative civil liability for discharges to surface waters, and states, in relevant part: (a) Any person who violates any of the following shall be liable civilly in accordance with this section: (2) Any waste discharge requirements or dredged or fill material permit issued pursuant to this,chapter or any water quality certification issued pursuant to Section 13160. (5) Any requirements of Section 301, 302, 306, 307, 308, 318, 401, or 405 of the Clean Water Act, as amended. (c) Civil liability may be imposed administratively by the state board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 in an amount not to exceed the sum of both of the following: (1) Ten thousand dollars ($10,000)for each day in which the violation occurs. (2) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied by the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons. These penalty provisions are relevant when the responsible party runs a cleanup process that must have an NPDES permit. Discharging waste to surface waters without an NPDES permit, or in violation of such a permit, subjects the responsible party to administrative civil liability of up to $10,000 per violation per day. Vl: GeoTracker: GeoTracker is a database that contains information about cleanup sites throughout the State. Under California Code of Regulations, title 23, sections 3890- 3895, responsible parties must submit electronic laboratory analytical data (i.e., soil, soil gas, and water chemical analysis) and locational data (i.e., location and elevation of groundwater monitoring wells), to the State GeoTracker database. The