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t <br /> California Regional Water Quality Control Board - <br /> Central Valley Region <br /> Robert Schneider,Chair Arnold <br /> Terry TamminenQ Loo chwarcenegger <br /> Secretaryfor Sacramento Main Office " Governor <br /> Environmental 11020 Sun Center Drive#200,Rancho Cordova,California 95670-6114 ENVIRON <br /> Protection Phone(916)464-3291•FAX(916)464-1645 Mt I'i <br /> hnp://www.swrcb.ca.gov/rwgcb5 PER MIT r-,t. <br /> 6 August 2004 <br /> CERTIFIED MAIL CERTIFIED MAIL <br /> #7002 0860 0005 3013 3255 #7002 0860 0005 3013 3262 <br /> Mr. Benjamin Hall Mr.Nick Musco <br /> Musco Family Olive Company Studley Company <br /> 17950 Via Nicolo 17950 Via Nicolo <br /> Tracy, CA 95376 Tracy, CA 95376 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R5-2004-0534,MUSCO FAMILY <br /> OLIVE COMPANY AND THE STUDLEY COMPANY, SAN JOAQUIN COUNTY <br /> Administrative Civil Liability Complaint No. R5-2004-0534, enclosed herewith, proposes to assess <br /> liability for violations by the Musco Family Olive Company and the Studley Company of Time Schedule <br /> Order Nos. R5-2002-0014 and R5-2002-0014-ROI (collectively"TSO"). The Complaint, issued pursuant <br /> to Article 2.5 of the CWC, proposes that you jointly pay$493,500 in administrative civil liability. <br /> The enclosed Complaint does not consider potential liability for violations of Task 16 of TSO <br /> No. R5-2002-0014-ROI concerning protection of groundwater from the 84-MG reservoir and tailwater <br /> system. Additional technical information has been submitted and will be evaluated to determine whether <br /> you achieved compliance with Task 16, and whether assessment of liability is appropriate. Subsequent <br /> violations of the TSO, if any, in addition to any violations of Task 16, will be addressed in a future <br /> complaint, as appropriate. <br /> You may agree to pay the proposed civil liability and waive a public hearing on the matter. If you wish <br /> to waive a Board hearing, then a duly authorized person must sign the waiver and remit to the above <br /> address (attention: Janice Tanaka) a $493,500 check, made out to State Water Resources Control Board, <br /> to this office by 5:00 p.m. on 3 September 2004. If you choose not to pay the civil liability, a hearing <br /> on this matter will be scheduled for 14-15 October 2004 in accordance with Section 13323 of the <br /> California Water Code. A notice of public hearing will be mailed, outlining the hearing procedures and <br /> establishing deadlines for submitting testimony and comments. <br /> If you have any questions regarding the enclosed, or wish to meet to discuss this matter in detail, please <br /> contact Bert Van Voris, Supervising Engineer, at (559) 445-5116. <br /> U ( �� J� ' ,lc4p <br /> THOMAS R. PINKOS <br /> Executive Officer <br /> California Environmental Protection Agency <br /> Q5 Recycled Paper <br /> The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. <br /> For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at hnp://�.swreb.ca.gov/twgcb5 <br />