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f <br /> Andy Alexander -2 - 21 April 2005 <br /> The 27 December 2004 NOV stated, "If further measures are required to control the odors such as source <br /> control, pretreatment, or additional aerators, California Concentrate shall include a schedule for <br /> implementation of those measures in the 28 January 2005 technical report." Your 29 December 2004 <br /> response report stated a backup system would be installed. Unfortunately,you did not replace the <br /> aerators and instead replaced that system with a"spray aeration" system that has proven unable to <br /> control generation of odors. <br /> Waste Discharge Order No. 98-136 <br /> In the current WDRs under which California Concentrate discharges wastewater, ongoing odor problems <br /> were described as well as the use of two aerators to correct the problem. Use of the aerators is <br /> considered part of the waste treatment system at California Concentrate and therefore is mandatory <br /> unless and until a new waste treatment system is permitted through the Regional Board. Based on staff s <br /> observation on 6 April 2005,neither aerator was installed. Failing to maintain wastewater treatment <br /> equipment is not acceptable and will lead to staff recommending further enforcement activity. <br /> On 8 April 2005 you informed staff that a paddle wheel aerator had been installed in the primary <br /> wastewater pond and that you were investigating equipment to automate the operation of the aerator to <br /> maintain adequate dissolved oxygen in the pond. Staff informed you that source control in the facility <br /> would reduce the demand for oxygen in the pond,thereby reducing the hours of aerator operation while <br /> still complying with the WDRs. <br /> Water Code Section 13267 Order for Technical Reports <br /> Section 13267 of the California Water Code states, in part: <br /> "In conducting an investigation specified in subdivision (a), the regional board may require that <br /> any person who has discharged, discharges, or is suspected of having discharged or discharging, <br /> or who proposes to discharge waste within its region, or any citizen or domiciliary, or political <br /> agency or entity of this state who has discharged, discharges, or is suspected of having <br /> discharged or discharging, or who proposes to discharge, waste outside of its region that could <br /> affect the quality of waters within its region shall furnish, under penalty ofperjury, technical or <br /> monitoring program reports which the regional board requires. The burden, including costs, of <br /> these reports shall bear a reasonable relationship to the need for the report and the benefits to be <br /> obtained from the reports. In requiring those reports, the regional board shall provide the <br /> person with a written explanation with regard to the need for the reports, and shall identify the <br /> evidence that supports requiring that person to provide the reports. " <br /> Section 13268 of the California Water Code states, in part: <br /> "(a)Any person failing or refusing to furnish technical or monitoring program reports as <br /> required by subdivision (b) of Section 13267, or failing or refusing to furnish a statement of <br /> compliance as required by subdivision (b) of Section 13399.2,or falsifying and information <br /> provided therein, is guilty of a misdemeanor and may be liable civilly in accordance with <br /> subdivision (b). <br /> W:VSIaR rknTmJwgWnl ilnmu Co nvreWcx 8 Apr OfE <br />