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ADMINISTRATIVE CIV'ttLIABILITY COMPLAINT NO. R5-20 5-0512 - 4 - DOLE 4 - DOLE FRESH VEGETABLES, INC WILD ROSE VINEYARDS LLC FORMER VICTOR FRUIT FACILITY SAN JOAQUIN COUNTY 16. As of 15 April 2005, the Dischargers have been in violation of the CAO No. R5-2004-0714 for 165 days for failure to close the ponds by 1 November 2004. The maximum liability for this CAO violation is eight hundred and twenty-five thousand dollars ($825,000). The minimum liability for this violation is sixteen thousand and five hundred dollars($16,500). 17. 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. " 18. 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. DOLE FRESH VEGETABLES INC. AND WILD ROSE VINEYARDS LLC ARE HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes that the Dischargers be assessed Administrative Civil Liability in the amount of$40,000.00. The amount of the liability proposed is based upon the minimum required and maximum allowed liability under Section 13350(e)(1)(13), a review of the factors set forth in CWC Section 13327 cited in Finding No. 17 above, and upon consideration of the economic benefit or savings resulting from the violations. 2. A hearing shall be held on 23/24 June 2005 unless the Dischargers agree to waive the hearing and pay the imposed civil liability in full. 3. If a hearing is held,the Regional Board will consider whether to affirm,reject, or modify the proposed Administrative Civil Liability, or whether to refer the matter to the Attorney General for recovery of judicial civil liability.