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ADMINISTRATIVE CML LIABILITY COMPLAINT NO. R5-2004-0534 _7_ MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY exceedances and one sodium limit exceedance), and one Task 5 exceedance also exceeded the chloride limit in WDRs R5-2002-0148. The maximum penalty of$30,000 specified under terms of the TSO is reduced to $22,500. C. Task 8 (submittal of a report evaluating the facility's domestic wastewater disposal system) was violated when the Discharger submitted a report that was technically unsound and substantially incomplete. The 19 April 2002 Regional Board letter that notified the Discharger of the deficiencies indicated that a revised report would be expected by 30 May 2002. The letter did not warn that each day the report was late past the TSO due date would be considered a violation of Task 8. The next report was complete and satisfied the objective. Though the violation was completely avoidable, it had no lasting consequences. The low gravity warrants a reduction from the $175,000 specified by the TSO, but not so great a reduction that Musco is not penalized for the gross inadequacy of the initial report and for the avoidable delay. An appropriate penalty for the Task 8 violations is $6,000. 20. Issuance of this Complaint is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), in accordance with Section 15321 (a)(2), Title 14, of the California Code of Regulations. MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY ARE HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes that the Discharger be assessed Administrative Civil Liability in the amount of four hundred ninety three thousand five hundred dollars ($493,500). This amount, which reduces the amount prescribed in the TSO for the violations, is based upon a review of the factors set forth in CWC Section 13327 cited in Finding 18 above, as explained in Finding 19. This amount is sufficient to cover staff costs of$13,760. 2. A hearing will be scheduled for 14 or 15 October 2004 unless the Discharger agrees to waive the hearing and pay the $493,500 Administrative Civil Liability in full. 3. If a hearing is held, the Regional Board will consider whether to affirm, reject, or modify the proposed Administrative Civil Liability, or whether to impose a different amount after consideration of the terms of the TSO and evidence on factors set forth in CWC Section 13327 or to refer the matter to the Attorney General for recovery of judicial civil liability. 4. In lieu of a hearing, the Discharger may waive the right to a hearing. If you wish to waive your right to a hearing,please have the appropriate representative(s) sign the enclosed waiver and return it with the amount of civil liability(in a check made payable to the State Water Resources Control Board to the Central Valley Regional Water Quality Control Board, Attention Janice Tanaka, 11020 Sun Center Drive, #200, Rancho Cordova, CA 95670-6114, by 3 September 2004. r,9 . R FL,�6 THOMAS R. PINKOS, Executive Officer lD I-f kpU1'�( d 4 (Date)