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ADMINISTRATIVE Cfl41, LIABILITY COMPLAINT NO. R54- 05-0512 - 3 - DOLE 3 -DOLE FRESH VEGETABLES, INC WILD ROSE VINEYARDS LLC FORMER VICTOR FRUIT FACILITY SAN JOAQUIN COUNTY Former Victor Fruit Facility. CAO No. R5-2004-0714 set compliance dates to: submit a time schedule to implement the Dole's accepted closure plan or submit a revised plan by 31 August 2004; submit proof that a deed restriction had been filed by 17 September 2004; submit a workplan to implement the approved corrective actions by 30 September 2004; and complete closure construction by I November 2004. 12. On 31 August 2004 Wild Rose submitted a schedule to clean close the wastewater ponds. The schedule requested a 30-day extension to the 1 November 2004 date to complete closure construction. 13. On 29 October 2004, Wild Rose submitted a closure plan for the ponds. On 9 November 2004, staff commented on the plan requesting several revisions. Subsequent to this letter, staff has had several conversations with both Wild Rose and Dole and understood that the parties were discussing plans to work together and close the ponds. However, despite these apparent efforts to resolve issues, to date the parties have failed to either submit a revised plan or agree to implement Dole's previously approved closure plan. 14. By failing to complete and implement Wild Roses' Closure Plan or alternatively implement Dole's Closure Plan and complete closure of the ponds by 1 November 2004, the Dischargers have violated CAO No. R5-2004-0714, which reads, in part, as follows: Task Due Date Submit a workplan to implement the 30 September 2004 corrective actions. The workplan shall provide for completion of closure construction by 1 November 2004. 15. California Water Code (CWC) Section 13350 states, in part,that: (a)Any person who (1) violates any cease and desist order or cleanup and abatement order hereafter issued, reissued, or amended by a regional board or the state board... shall be liable civilly, and remedies may be proposed, in accordance with subdivision (d) or (e)... (e) The state board or a regional board may impose civil liability administratively pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 either on a daily basis or on a per gallon basis, but not both. (1) The civil liability on a daily basis may not exceed five thousand dollars ($5,000)for each day the violation occurs... (B) When there is no discharge, but an order issued by the regional board is violated, except as provided in subdivision (fl, the civil liability shall not be less than one hundred dollars ($100)for each day in which the violation occurs.