|
CEASE AND DESIST ORDER NO.
<br /> CANANDAIGUA WINE COMPANY
<br /> ESCALON CELLARS
<br /> SAN JOAQUIN COUNTY
<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 /> 20. Section 13301 of the California Water Code states in part: "When a Regional Board fmds 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 /> 21. 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 the 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 /> 22. 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 /> 23. 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 /> 24. On , 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 /> 25. Any person affected by this action of the Regional Board may petition the State Water Resources
<br /> Control Board to review the action in accordance with Section 2050 through 2068, Title 23,
<br /> California Code of Regulations. The petition must be received by the State Water Resources
<br /> Control Board, Office of Chief Counsel, P.O. Box 100, Sacramento, CA, 95812-0100,within 30
<br /> days of the date on which the Regional Board action took place. Copies of the law and regulations
<br /> applicable to filing petitions are available at www.swrcb.ca.gov/water laws/index.html and also
<br /> will be provided upon request.
<br /> IT IS HEREBY ORDERED that, pursuant to Sections 13301 and 13267 of the California Water Code,
<br /> Canandaigua Wine Company, its agents successors, and assigns, shall in accordance with the following
<br /> tasks and time schedule, implement the following measures and the facility upgrades required to ensure
<br /> long-term compliance with WDRs No. 91-223.
<br /> Any person signing a document submitted under this Order shall make the following certification:
<br /> V:\Snjoaquin—Nonl5\Staff\ObrimT\Smi Joaquin\Canandaigua Enalon Cellara\C&D_Rldm
<br />
|