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STAFF REPORT: CONSIDERkrION OF AN J 4 ADMINISTRATIVE CIVIL LIABILITY ORDER FOR i FORMER VICTOR FRUIT FACILITY Degree of Culpability The Dischargers are fully culpable because they have refused to act together to comply with the CAO. The Dischargers have been made aware of the potential penalty for noncompliance with the CAO and both parties have tired to cast blame for non-compliance on the other party. Economic Savings The Dischargers have realized economic savings by not closing the ponds. Staff estimates the cost to implement Dole's approved closure plan is approximately$350,000. Based on a four-month delay and an interest rate of 8%per annum staff estimates the savings is approximately$9,330. Other Matters as Justice May Require Staff expended approximately 80 hours, or$4,800 in staff costs, in generation of the ACL Complaint. Prior Historyof Violations Wild Rose was previously issued an ACL for failure to comply with its WDRs (pertaining to the discharge of winery wastewater). Wild Rose did not pay, and the matter was referred to the Attorney General's office. The dispute between Dole and Wild Rose over closure of the ponds has been ongoing since December 2002. Staff does not anticipate a resolution of the dispute without an enforcement action. Determination of Amount CWC Section 13350(0(1) authorizes Administrative Civil Liability not exceeding five thousand dollars ($5,000)but not less than one hundred dollars ($100) for each day in violation. In this case the violation is non-completion of closure construction by 1 November 2004. As of 15 April 2005, the Dischargers have been in violation of the CAO for not closing the ponds for 165 days. The maximum liability for violation of the CAO is therefore $825,000 and the minimum liability is $16,500. Summary The Dischargers'.failure to comply with the CAO by closing the ponds has serious consequences. The unclosed ponds are a source of ongoing salt contamination in groundwater. As a result, groundwater impacts continue at the site with no effective corrective action. The Dischargers' failure to close the ponds and move forward with groundwater cleanup demonstrates a lack of concern with environmental concequences and recalcitrance with regard to complying with Regional Board Orders. PDA:1 S May 05