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Mr. Kevin Werner, P.E. • - 2 - . • 27 February 20W City of Ripon 3. MRP No. 94-263 requires monthly monitoring of industrial influent dichloroiodomethane and monthly monitoring of industrial land application FDS. Results for industrial influent dichloroiodomethane and industrial land application FDS were not included in the December 2007 and February and March 2008 monitoring reports. 4. MRP No. 94-263 requires monthly monitoring of domestic influent FDS, total and dissolved arsenic, total and dissolved iron, sodium, chloride, and domestic effluent FDS, total and dissolved arsenic, and total and dissolved iron. The December 2007 monitoring report did not include domestic influent or domestic effluent monitoring results for any of these constituents. 5. MRP No. 94-263 requires monthly monitoring reports to include a comparison of monitoring data to discharge specifications and an explanation of violations. In addition, Standard Provisions General Reporting Requirement B.3 requires that monthly monitoring reports include a certification statement. The December 2007 monitoring report did not include a comparison of monitoring data to discharge specifications, an explanation of violations, and the certification statement. By 1 April 2009, the City of Ripon shall submit the delinquent monitoring reports, as well as revised monthly monitoring reports for the months of December 2007 through December 2008. The revised reports must contain all of the monitoring data required by the MRP. If the delinquent monitoring reports and/or missing monitoring data are not available, the City of Ripon shall explain why the monitoring was not performed and identify actions that will be taken to assure that future monitoring reports will be on time and complete. The Revised MRP was issued pursuant to California Water Code section 13267, which states the following: "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 effect 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 boards 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." Due to the failure to submit the required reports pursuant to section 13267, staffs usual next step is to recommend that civil liability (i.e., monetary penalties) be assessed against the discharger. As of 20 February 2009, the maximum liability for the late and delinquent reports is $2,085,000, as shown in the enclosed table. However, staff may not recommend that the Executive Officer issue an administrative civil liability complaint for late report submittals if the City completes the following items: