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ADM %41STRATIVE CML LIABILITY COMPLAINT NO.R5-2004-0534 -3- MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY TSO VIOLATIONS 11. This Complaint is based on the Discharger's violations of certain tasks required by the TSO, as revised, from the date of issuance (25 January 2002) through 31 May 2004. This Complaint does not consider potential violations of Task 16, which required the Discharger to submit by 15 August 2002 a report showing that the 84-MG reservoir and tailwater system were fully constructed and operational and that a liner, adequate to prevent the stored wastewater from impacting the groundwater, had been installed. Additional technical information is required to evaluate and determine whether the Discharger achieved compliance with the objective, if not the letter, of Task 16. Subsequent violations of the WDRs or TSO, if any, in addition to confirmed violations of Task 16, will be addressed in a future complaint, as appropriate. 12. The case file documents the following violations of the TSO and the established penalty therein for each violation: a. Task 1 requires the Discharger to comply effective 28 January 2002 with all aspects of Revised Monitoring and Reporting Program (MRP)No. 97-037, an order previously issued pursuant to CWC Section 13267. The penalty for this violation is $2,500 for each day a report is late or incomplete. On 6 September 2002, the Regional Board adopted WDRs No. R5-2002-0148, which replaced Revised MRP No. 97-037 with MRP No. R5-2002-0148. Task 1 does not specifically require compliance with future revisions to Revised MRP No. 97-037. However, the TSO requires measures be implemented to ensure long-term compliance with WDRs Order No. 97-037, or any revisions to those WDRs. As WDRs Order No. R5-2002-0148 requires compliance with MRP No. R5-2002-0148 pursuant to CWC Section 13267, each day a report required by MRP No. R5-2002-0148 is late or incomplete is a violation of Task 1. Task 1 violations are determined as follows: Monthly self-monitoring reports (SMRs) are due by the first day of the month following the month in which the samples were taken in accordance with MRP No. 97-037, revised 30 November 2001, and MRP No. R5-2002-0148. Each day following the due date of late or incomplete SMRs until the next month's SMR due date is considered a Task 1 violation. Task 1 was justified due to the Discharger's chronic failure to comply with MRP requirements. The Discharger's noncompliance since TSO adoption is attributable primarily to missing data due to inoperable monitoring devices and the Discharger's failure to conduct daily monitoring on weekends and holidays. Task 1 violations began accruing from 1 March 2002 through 31 May 2004, the end of the evaluation,period. Pursuant to the TSO, the maximum penalty for these violations is $2,057,500. b. Task 3 specifies a time schedule for complying with C&A Order No. 5-00-717, which required immediate compliance with all aspects of WDRs Order No. 97-037, including flow and capacity limitations. Task 3 limits the 7-day average flow discharged to land to 600,000 gpd and the daily maximum flow to 750,000 gpd between 1 February and 6 June 2002. The SMRs reveal three days in which the 7-day average flow limit was exceeded and 17 days in which the daily maximum flow limit was exceeded during this period. Pursuant to the TSO, the maximum penalty for these violations is $50,000.