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Greg Burns - 2 - 2 December 2004 have not been received since the WDRs were adopted. Please refer to the MRP description of monitoring and reporting requirements. The WDRs contain additional provisions that cannot be completed on time if the data described above has not been collected. Provision G.Lf requires submittal of a Salinity Reduction Study. Normally, data collected through the year is used to focus the report and improve wastewater quality. Provision G.Lg requires submittal of a Background Groundwater Quality Study Report. Because groundwater wells have not been installed and monitored preparation of the report on time is impossible. The WDRs require that all monitoring and technical reports be submitted pursuant to Water Code Section 13267, which states, in part: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or 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. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify,the evidence that supports requiring that person to provide the reports. " Section 13268 of the California Water Code states, in part: "(b)(1) 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. " Due to the failure to submit the required reports pursuant to Section 13267 of the California Water Code, staff s usual next step is to recommend to management that civil liability (i.e., monetary penalties) be assessed against the Discharger. As of 1 December 2004,the maximum liability for the delinquent reports listed above is $452,000. However, staff will not recommend that the Executive Officer issue an Administrative Civil Liability Complaint if the delinquent reports are submitted no later than 1 March 2005. Note that the reports must contain all the information described in the Provisions section of the WDRs. They must also be completed by a registered professional, as described in the WDRs. In addition,the monitoring reports must be submitted monthly, beginning with the December 2004 monitoring report, which is due by 1 February 2005. WASmf W)bmnT3an JoNwnJe 's Gmvdaoms 1 Dec 04.doc