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WASTE DISCHARGE REQUIREMENTS ORDER NO. R5-2003-0178 -7- MORADA PRODUCE COMPANY LINDEN PACKING SHED SAN JOAQUIN COUNTY provisions. Background groundwater conditions are not yet defined at the pond or land application area and the specific quality of the wastewater has not yet been characterized. Therefore,this Order provides a schedule for data collection to determine whether the discharge will cause an increase in groundwater constituents above that of background levels. If the discharge will cause an increase,then the Discharger may be required to cease the discharge, implement source control, change the method of disposal, or take other action to prevent groundwater degradation. This Order establishes effluent limitations that are protective of the beneficial uses of the underlying groundwater and requires groundwater monitoring to evaluate whether the discharge of waste is impacting the groundwater quality. 41. Section 13267(b)of California Water Code provides that: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall idents the evidence that supports requiring that person to provide the reports. " The monitoring and reporting program required by this Order and the attached Monitoring and Reporting Program No. R5-2003-0178 are necessary to assure compliance with these WDRs. The Discharger operates the facility that discharges the waste subject to this Order 42. Excessive application of food processing wastewater to land application areas can create objectionable odors, soil conditions that are harmful to crops, and degradation of underlying groundwater by overloading the shallow soil profile and causing waste or soil constituents (organic carbon, nitrate,dissolved solids,and metals)to percolate below the root zone. If sufficient information becomes available,this Order may be revised to increase or further reduce loading rates as appropriate. If the Discharger is unable to modify its waste stream or application methods such that groundwater quality will not be impacted,then the Regional Board would be required to classify the waste as a designated waste and require full containment under Title 27 of the California Code of Regulations (CCR), Division 2, Subdivision 1,beginning with Section 20005 (hereafter Title 27). 43. State regulations that describe procedures for detecting and characterizing the impact of waste constituents from waste management units on groundwater are found in Title 27. While the facility is currently exempt from Title 27, the data analysis methods of Title 27 are appropriate for determining whether the discharge complies with the terms for protection of groundwater specified in this Order.