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CEASE AND DESIST ORDER NOW 2003-0012 • -4 <br /> CANANDAIGUA WINE COMPANY <br /> ESCALON CELLARS <br /> SAN JOAQUIN COUNTY <br /> 18. The Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth <br /> Edition (hereafter Basin Plan) designates beneficial uses, establishes water quality objectives, <br /> contains implementation plans and policies for protecting waters of the basin, and incorporates by <br /> reference plans and policies adopted by the State Water Resources Control Board. Pursuant to <br /> Section 13263(a) of the California Water Code, waste discharge requirements must implement the <br /> Basin Plan. <br /> 19. Surface water drainage is to the South San Joaquin Irrigation Canal, tributary to Lone Tree Creek <br /> and the San Joaquin River in the Sacramento San Joaquin Delta. <br /> 20. The beneficial uses of San Joaquin River (within the Sacramento San Joaquin Delta Hydrologic <br /> Area) are municipal and domestic supply, agricultural irrigation, stock watering, industrial <br /> process, industrial service supply, contact recreation, other noncontact recreation, warm fresh <br /> water habitat, cold fresh water habitat, warm water migration, cold water migration, warm water <br /> spawning, wildlife habitat, and navigation. <br /> 21. Section 13301 of the California Water Code states in part: "When a Regional Board finds that a discharge <br /> of waste is taking place or threatening to take place in violation of the requirements or discharge prohibitions <br /> prescribed by the regional board or the state board,the board may issue an order to cease and desist and direct that <br /> those persons not complying with the requirements or discharge prohibitions(a)comply forthwith,(b)comply in <br /> accordance with a time schedule set by the board,or(c)in the event of a threatened violation,take appropriate <br /> remedial or preventive action." <br /> 22. Section 13267(b) of the California Water Code states: `°In conducting an investigation specified in <br /> subdivision(a), the regional board may require that any person who has discharged, discharges,or is suspected of <br /> having discharged or discharging, or who proposes to discharge waste within its region,or any citizen or domiciliary, <br /> or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or <br /> discharging,or who proposes to discharge,waste outside of its region that could affect the quality of waters within its <br /> region shall furnish,under penalty of perjury,technical or monitoring program reports which the regional board <br /> requires. The burden,including costs,of these reports shall bear a reasonable relationship to the need for thQ report <br /> and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person <br /> with a written explanation with regard to the need for the reports, and shall identify the evidence that supports <br /> requiring that person to provide the reports." <br /> 23. The technical reports required by this Order are necessary to assure compliance with WDRs Order <br /> No. 91-223 and to assure protection of public health and safety. The Discharger operates the <br /> facility that discharges the waste subject to this Order. <br /> 24. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the <br /> provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Title 14, <br /> California Code of Regulations. <br /> 25. On 31 January 2003, in Sacramento, California, after due notice to the Discharger and all other <br /> affected persons, the Regional Board conducted a public hearing at which evidence was received <br /> to consider the Cease and Desist Order. <br /> CM1y Dmummts\WydsQ'Brim\C&D_R2.dm <br />