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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. 5-01-531 - 3 - R. LAWSON ENTERPRISES DBA WILDROSE VINEYARDS SAN JOAQUIN COUNTY agency or entity of this state who has discharged, discharges, or is suspected of 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. Water Code Section 13268 (a) states: "Any person failing or refusing to famish 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. Water Code 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. Water Code Section 13327 states: "In determining the amount of civil liability, the regional board ... shall take into account the nature, circumstances, 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 savings, if any,resulting from the violation,and other matters as justice may require." 15. Water Code Section 13268(b)(1) authorizes Administrative Civil Liability not exceeding one thousand dollars ($1,000) for each day of failure to submit technical reports as required by subdivision(b) of Section 13267. As of 22 August 2001, the Discharger has failed to submit the following: a. A report describing the installation of a meter to measure the flow of winery wastewater to the land application areas (due on 6 October 2000); b. A Groundwater Well Installation Workplan (due on 6 October 2000); c. An Operation and Wastewater Management Plan (due on 31 December 2000); d. A Groundwater Well Installation report (due on 6 January 2001); and e. Monthly Monitoring Reports have not been submitted on time and the three reports which were submitted were incomplete. The table below presents the status of the monitoring reports. Month Monitored Report Due Date Date Received Comments September, 2000 11/1/00 Not Recieved --