COMPLIANCE INFO - Laserfiche WebLink

Home Browse Search

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ACL COMPLAINT NO. 89-501 ADMINISTRATIVE CIVIL LIABILITY COMPLAINT IN THE MATTER OF TRINKLE AND BOYS AG FLYING SERVICE, INC. SAN JOAQUIN COUNTY This complaint is issued to Trinkle and Boys Ag Flying Service, Inc . , (hereafter referred to as Discharger ) , based on a finding of violation of Cleanup and Abatement Order No. 87-734 and on provisions of Section 13350 of the California Water Code, which authorize the imposition of Administrative Civil Liability. The Executive Officer finds, with respect to the Discharger' s acts or failures to act, the following: 1 . On 27 October 1987, Cleanup and Abatement Order No. 87-734 was issued to the Discharger. This Order required that work be completed by specified dates in order to assess and mitigate a threat to water quality. 2. The Discharger did not submit a work plan (Activity 1 ) to the Board by 25 November 1987 as required by Order No. 87-734. Instead, the work plan was submitted 150 days late on 26 April 1988. 3. The Discharger did not, by 15 February 1988, conduct the activities described in the work plan (Activity 2) as required by Order No. 87-734. Instead, after staff approval of the modified work pian on 22 August 1988, the Discharger stated that he would not conduct the work because he could not afford to do so. The Discharger has indicated that the cost of performing the work outlined in the work plan is approximately $16,000. 4. The Discharger did not submit a site mitigation plan to the Board by 1 April 1988, nor implement the site mitigation plan by 21 April 1988 as required (Activities 3 and 4) by Order No. 87-734. Such activities cannot be conducted until Activity 2 is completed. 5. Because no mitigation pian has been implemented, the Discharger continues to create or threaten to create, a condition of nuisance and pollution. TRINKLE AND BOYS AG FLYING SERVICE, INC. , IS HEREBY GIVEN NOTICE THAT: 1. The Executive Officer of the Regional Board proposes that Administrative Liability be imposed in the amount of $10,000 based upon review of the following factors : The nature, circumstances, extent , and gravity of the violation or violations, whether the discharger is susceptible to cleanup or abatement and with respect to the Discharger, the ability to pay and to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violations, and such other matters as justice may require . (Water Code Section 13327)