SITE INFORMATION AND CORRESPONDENCE

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ITEM: 19 SUBJECT: Ten Barrel Quarter Circle Land Inc., Ten Barrel Quarter Circle Inc., Escalon Cellars, San Joaquin County BOARD ACTION: Consideration of a Revised Cease and Desist Order BACKGROUND: The Board originally adopted this Cease and Desist Order for the Canandaiguia Wine Company at its January 2003 meeting. In July 2003, Canandaiguia sold the entire facility to the above Discharger. The C&D has been revised to reflect the new owner/operator, and to provide a one-month time extension for each of the remaining due dates. The following information was originally presented to the Board as part of the January 2003 agenda package; it has been updated to reflect the new Discharger's operating plans. Ten Barrel Quarter Circle owns and operates Escalon Cellars at 21801 Highway 120, Escalon, San Joaquin County. The winery and associated land application areas comprise approximately 128 acres. Activities at the winery have historically included receiving and crushing grapes, fermentation, storage,wine processing treatments and distribution in bulk containers. A distillery was operated on-site; however, Canandaigua ceased operation of the distillery in April 2001 and Ten Barrel Quarter Circle has stated that it does not intend to operate a distillery either. Grapes will not be crushed at this facility in 2003. All process wastewater and stormwater that falls on the winery is discharged without treatment to the land application areas. In 2001, the discharge of winery wastewater(excluding the cooling water) averaged approximately 130,000 gallons per day(gpd); during the 2001 crush season, the flow rate averaged 240,000 gpd. In June 2000, Canandaiguia installed five groundwater monitoring wells at the facility. Based on five quarterly monitoring events, the water table exists approximately 58 feet below the ground surface. Wells downgradient of the land application areas (i.e., source areas) possess Total Dissolved Solids concentrations two to three times higher than the background well. Similarly for chloride, wells downgradient of source areas possess concentrations up to eight times the background concentration. Finally, downgradient wells contain sodium concentrations at up to four times the background concentration. This data shows that the discharge of waste at the facility has degraded the underlying groundwater in violation of requirements. ISSUES: The proposed Cease and Desist Order addresses the ongoing discharge