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Musco Family Olive Company - 3 - 14 August 2006 <br /> California Water Code Request for Technical Report <br /> California Water Code (CWC) Section 13267 states, in part: (b)(1) In conducting an <br /> investigation specified in subdivision (a), the regional board may require any person who has <br /> discharged, discharges, or is suspected of having discharged or discharging, or who proposes <br /> to discharge waste within its region...shall furnish, under penalty of perjury, technical or <br /> monitoring program reports which the regional board requires. The burden, including costs, of <br /> these reports shall bear a reasonable relationship to the need for the report and the benefits to <br /> be obtained from the reports. In requiring those reports, the regional board shall provide the <br /> person with a written explanation with regard to the need for the reports, and shall identify the <br /> evidence that supports requiring that person to provide the reports. <br /> Failure to submit a requested technical report requested pursuant to CWC Section 13267 <br /> could lead to administrative civil liabilities authorized by CWC Section 13268, which states: <br /> (a)(1) Any person failing or refusing to furnish technical or monitoring program reports as <br /> required by subdivision (b) of Section 13267...is guilty of a misdemeanor and may be liable <br /> civilly in accordance with subdivision (b). <br /> (b)(1) Civil liability may be administratively imposed by a regional board in accordance with <br /> Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in <br /> an amount which shall not exceed one thousand dollars ($1,000) for each day in which the <br /> violation occurs. <br /> Musco Family Olive Company and Studley Company own and operate Musco Family Olive <br /> Company, which discharges waste subject to Waste Discharge Requirements Order No. <br /> R5-2005-0024. The following technical reports are required to ensure compliance with the <br /> Waste Discharge Requirements. Therefore, pursuant to Section 13267 of the California <br /> Water Code, the Discharger shall submit the following technical reports: <br /> 1. By 22 September 2006, the Discharger shall submit a workplan addressing the <br /> deficiencies in the DMP (See enclosed memo). This workplan shall include the <br /> installation of additional groundwater monitoring wells to monitor the shallow, <br /> intermediate, and deep zones beneath the surface impoundments. This workplan shall <br /> include all of the information requested within the enclosed, Requirements for <br /> Monitoring Well Installation Workplans and Monitoring Well Installation Reports <br /> 2. By 30 November 2006, the Discharger shall submit a well installation report that <br /> contains all the information listed in the enclosed Requirements for Monitoring Well <br /> Installation Workplans and Monitoring Well Installation Reports. <br /> Failure to submit the above technical reports, or failure to submit complete reports, will result <br /> in staff recommending that the Executive Officer issue an Administrative Civil Liability <br /> Complaint (i.e. a fine) of up to $1,000 per day for each late or incomplete report. <br />