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CLEANUP AND ABATEMENT\ .<DER NO.RS-2004-0704 3 <br /> THE WINE GROUP,INC. <br /> FRANZIA WINERY <br /> SAN JOAQUIN COUNTY <br /> California maximum contaminant level(MCL). The California MCL(i.e., drinking water <br /> standard) is equivalent to 10 mg/l of nitrate as nitrogen, while the average concentration of nitrate <br /> as nitrogen in MW-1 is approximately 50 mg/1. <br /> ENFORCEMENT HISTORY <br /> 19. On 15 September 2003, Regional Board staff issued a Notice of Violation(NOV) to The Wine <br /> Group for violating the Groundwater Limitations contained in WDRs Order No. 95-097. The <br /> NOV ordered the preparation and submittal of a Groundwater Degradation Evaluation Report to <br /> confirm whether or not the discharge from this facility is degrading groundwater. <br /> 20. On 29 December 2003, the Discharger submitted a report titled Preliminary Groundwater <br /> Evaluation Report for the Wine Group, Franzia Winery. The report concluded that there appears <br /> to be a correlation between the area where winery process wastewater is applied and elevated <br /> levels of constituents of concern in the groundwater downgradient of that area. The report also <br /> indicated that more information and further investigation were necessary in order to fully evaluate <br /> current conditions and to plan necessary improvements. The report provided a conceptual plan for <br /> conducting additional data collection and analysis, and for the preparation of a wastewater <br /> treatment system and management improvement plan. <br /> 21. Regional Board staff have completed a review of this report and concur with the report <br /> conclusions and the proposed conceptual plan. The tasks and timeline for task completion <br /> contained in this Order are generally consistent with those contained in the report. A C&A Order <br /> is appropriate to ensure that the Discharger completes the studies and proposes steps to prevent <br /> finther groundwater degradation. <br /> REGULATORY CONSIDERATIONS <br /> 22. The Regional Board's Water Quality Control Plan for the Sacramento and San Joaquin River <br /> Basins (Basin Plan) designates beneficial uses, includes water quality objectives to protect the <br /> beneficial uses, and includes implementation plans to implement the water quality objectives. <br /> 23. As a result of the events and activities described in this Order, the Discharger has caused or <br /> permitted waste to be discharged in such a manner that it has created, and continues to threaten to <br /> create, a condition of pollution or nuisance and potential public health threat. Water quality <br /> objectives in the Basin Plan include state drinking water standards by reference to Title 22 <br /> California Code of Regulations, Division 4, Chapter 15. As described in Findings 16 through 18, <br /> the discharges of waste have caused the groundwater to exceed or threaten to exceed state drinking <br /> water standards contained in the Basin Plan. Concentrations of waste greater than the water <br /> quality objective constitutes pollution as defined in California Water Code Section 13050. <br /> 24. Surface water discharges from this facility enter the Stanislaus River. The beneficial uses of the <br /> Stanislaus River from Goodwin Dam to the San Joaquin River as stated in the Basin Plan are <br /> municipal and domestic supply; agricultural supply; industrial process supply; industrial service <br /> supply; hydropower generation; water contact recreation; non-contact recreation; warm freshwater <br /> habitat; cold freshwater habitat; migration of aquatic organisms; spawning, reproduction, and/or <br /> early development; and wildlife habitat. <br />