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Don Litchfield - 2 - - 28 July 2006 <br /> San Joaquin County ,, 1-0 <br /> the reports, and shall identify the evidence that supports requiring that person to <br /> provide the reports. <br /> Section 13268 of the'California Water Code states, in part: <br /> (a) Any person failing or refusing to furnish technical or monitoring program reports <br /> as required by subdivision (b) of section 13267, or failing or refusing to furnish a <br /> statement of compliance as required by subdivision (b) of section 13399.2, or <br /> falsifying any information provided therein, is guilty of a misdemeanor and may be <br /> liable civilly in accordance with subdivision (b). <br /> (b)(1) Civil liability may be administratively imposed by a regional board in accordance <br /> with Article 2.5 (commencing with section 13323) of Chapter 5 for a violation of <br /> subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for <br /> each day in which the violation occurs. <br /> Due to the failure to submit the Annual Monitoring Reports, required pursuant to Section <br /> 13267 of the California Water Code, staffs usual next step is to recommend to management <br /> that civil liability (i.e., monetary penalties) be assessed against the Discharger. <br /> However, staff will not recommend that the Executive Officer issue an Administrative Civil <br /> Liability Complaint if the outstanding reports are submitted by 30 September 2006. <br /> Alternatively, if you cannot submit complete monitoring reports, then you shall submit a report <br /> providing an explanation as to why the data was not collected and the changes that will be <br /> made to ensure that subsequent annual reports are submitted. <br /> If the past due Annual Monitoring Reports for 2004 and 2005 and/or the alternate report are <br /> not received by the above date, staff will recommend the issuance of an Administrative Civil <br /> Liability Complaint. If you have any questions about this Notice of Violation or the report <br /> requirements, please contact Timothy O'Brien at (916) 464-4616. <br /> MARK R. IST, P.G., C ief <br /> Waste Discharge To Land Unit <br /> Enclosure- Resolution No. R5-2003-0106 <br /> Monitoring and Reporting Program for Resolution No. R5-2003-0106 <br /> cc w/o enc: San Joaquin County Environmental Health Department, Stockton <br />