SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

Mr. Kirk Vandergeest, CFO - 3 - 25 July 2016 Zacky & Sons Poultry, LLC MW-1, MW-2, and MW-3 are located in areas that are appropriate for evaluating groundwater directly beneath the pond, but are not located in areas to determine if potential leaks from the wastewater system are impacting groundwater or to determine background groundwater quality. A limited groundwater background evaluation was conducted by the Discharger using data from former J.M. Equipment Company; a neighboring facility located approximately 1,000 feet south of the Discharger. Based on the 2015 2nd Semi-Annual Groundwater Monitoring report for the J.M. Equipment Company, the groundwater flow direction is generally to the northeast and cross-gradient from the Discharger's location. However, the groundwater gradient and flow direction at the Discharger's location was estimated to be northwest. Secondly, the J.M. Equipment Company data set did not include the full range of salinity constituents needed to characterize the groundwater when comparing data sets between the Discharger and the former J.M. Equipment Company. In addition, there is insufficient information to determine if the data from J.M. Equipment Company represents background groundwater conditions. Because of the uncertainty in the applicability of the data from J.M. Equipment, it is unknown if the activities at the Discharger's facility are the source of groundwater pollution or if the facility is contributing to existing pollution. Further evaluation is required to determine the source of pollution and to evaluate background groundwater quality. Legal Provisions The groundwater beneath the facility contains salinity pollutants at concentrations greater than WQOs as shown in the table above. The source and extent of the pollution has not been determined. It is unclear if the facility is the source of pollution or contributing pollution to already impacted groundwater. Continued sampling of the existing groundwater monitoring wells is required as shown in the MRP (Attachment C). In addition, further characterization of the groundwater and investigation of the facility's wastewater system are required to identify the source of pollution and establish background groundwater quality. Water Code section 13267 states, in relevant part: 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... 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 identify the evidence that supports requiring that person to provide the reports. Section 13268 of the California Water Code states, in part: (a)Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267.... is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). (b)(1) Civil liability may be administratively imposed by a regional board...in an amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation occurs. In order to determine the nature and extent of groundwater contamination potentially due to the Discharger's activities, and to obtain the additional information necessary to develop WDRs, the Discharger is ordered to submit the technical reports described