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I ACL COMPLAINT NO. 89-501 TRINKLE AND BOYS AG FLYING SERVICE, INC. SAN JOAQUIN COUNTY 1 . The Civil Liability of $10,000 is for the Discharger' s violation of Order No. 87-734 by failure to complete Activities 2 and 3. No civil liability is proposed for late completion of Activity 1. No civil liability is proposed, at this time, for failure to complete Activity 4, because the extent and gravity of the violation is not currently known. 2. Water Code Section 13350(d)(1) authorizes Administrative Civil Liability not to exceed Five Thousand Dollars ($5,000) for each day in which the intentional or nealiaent violation of a Cleanup and Abatement Order occurred . The compliance date for Activity 2 in the C&A Order was 15 February 1988. During the period from 15 February 1988 to 28 February 1989, a total of 378 days, the Discharger has been in violation of the C&A Order. The maximum liability for this period is One Million Eight Hundred Ninety Thousand Dollars ($1,890,000) . 3. A hearing on this matter will be scheduled unless the Discharger agrees to waive the hearing and pay the proposed civil liability in full . 4. If a hearing is held, the Regional Board will consider whether to affirm, reject, or modify, the proposed administrative liability, or whether to refer the matter to the Attorney General for recovery of judicial civil liability. 5. In lieu of a hearing, the Discharger may waive the right to a hearing. If the Discharger wishes to waive the hearing, a corporation officer should sign the waiver and return it with payment of the civil liability to the Board ' s office within 30 days. r „ WILLIAM H. CROOKS, Executive Officer 2 March 1989 (Date)