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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> • CLEANUP AND ABATEMENT ORDER NO. 98-721 <br /> FOR <br /> JOE J.MACHADO,LILLIAN E.MACHADO, <br /> BRUCE KiMBROUGI, JOANNE KIMBROUGH <br /> LUCKY J DAIRY <br /> SAN JOAQUIN COUNTY <br /> This Order is issued to Joe J. Machado,Lillian E.Machado, Bruce Kimbrough, Joanne Kimbrough, and <br /> the Lucky J.Dairy (hereafter jointly referred to as Discharger)based on provisions of the California <br /> Water Code Section 13304,which authorizes issuance of a Cleanup and Abatement Order. <br /> The Executive Officer finds,with respect to the Discharger's acts,,or failure to act,the following: <br /> 1. The Lucky J Dairy(the Facility) is at 17529 W. Grant Line Road, Tracy, in the southeast 1/4 of <br /> Section 16 T2S,R4E,MDB&M. Mr. Bruce Kimbrough operates the Facility, and Mr. Joe J. <br /> Machado and Mrs. Lillian E.Machado own the real property where the facility and associated <br /> cropland are located (Assessor's Parcel No. 209-060-08). <br /> . 2. The assessor's map indicates that the Parcel No. 209-060-08 is 148 acres. According to State <br /> records, the dairy herd is 849 mills cows. <br /> 3. On 8 November 1988,Regional Board Staff conducted an inspection of the Facility in response to <br /> complaints of dairy wastewater being discharged to the roadside ditch along Grant Line Road. The <br /> inspection revealed a pond of dairy wastewater in the roadside ditch and a recent breech in the berm <br /> on the east side of the holding pond. Electrical Conductivity(EC) of the water standing in the <br /> roadside ditch was 2900 pmhos/cm. Records show that the pond overflow was due to failure of a <br /> pump,which was subsequently repaired. <br /> 4. During an inspection on 5 March 1993 in response to a complaint alleging nuisance conditions <br /> emanating from the Facility's wastewater retention pond, Staff observed that the wastewater retention <br /> pond on the southwest corner of Patterson Pass Road and Grant Line Road had overflowed. <br /> Wastewater had flowed in the roadside ditch and had discharged into a field in the southeast comer of <br /> the same intersection. Stormwater was also ponded in and around the corrals. <br /> 5. In April 1995 and in May 1996 San Joaquin County Environmental Health Division received <br /> complaints that the wastewater retention pond at the Lucky J Dairy had overflowed onto a field and <br /> onto the roadway. <br /> 6. Regional Board Staff conducted an inspection in response to complaints on 29 January 1997. The <br /> complaints alleged continuous discharge of wastewater from the retention pond for several days, <br /> beginning 23 January 1997. The inspection on 29 January revealed wastewater flowing at a rate of <br /> approximately 30 gallons per minute from the west side of the waste retention area into the ditch <br /> along Grant Line Road. The wastewater was flowing into an area of cropland at the intersection o <br />