SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT OR1kR NO. �./ 3 THE WINE GROUP,INC. FRANZIA WINERY SAN JOAQUIN COUNTY DRAFT NOV ordered the preparation and submittal of a Groundwater Degradation Evaluation Report to ascertain whether or not the discharge from this facility is degrading groundwater. 18. On 29 December 2003, the Discharger submitted a report titled Preliminary Groundwater Evaluation Report for the Wine Group, Franzia Winery. The report concluded that there appears to be a correlation between the area where winery process wastewater is applied and elevated levels of constituents of concern in the groundwater downgradient of that area. The report also indicated that more information and further investigation was necessary in order to fully evaluate current conditions and to plan necessary improvements. The report provided a conceptual plan for conducting additional data collection and analysis, and for the preparation of a wastewater treatment system and management improvement plan. 19. Regional Board staff have completed a review of this report and concur with the report conclusions and the proposed conceptual plan. The tasks and timeline for task completion contained in this Order are generally consistent with those contained in the report. A C&A Order is appropriate to ensure that the Discharger completes the studies and proposes steps to prevent further groundwater degradation. REGULATORY CONSIDERATIONS 20. As a result of the events and activities described in this Order, the Discharger has caused or permitted waste to be discharged in such a manner that it has created, and continues to threaten to create, a condition of pollution or nuisance and potential public health threat.. 21. The beneficial uses of the Stanislaus River from Goodwin Dam to the San Joaquin River are municipal and domestic supply; agricultural supply; industrial process supply; industrial service supply; hydropower generation; water contact recreation; non-contact recreation; warm freshwater habitat; cold freshwater habitat; migration of aquatic organisms; spawning, reproduction, and/or early development; and wildlife habitat. 22. The beneficial uses of the underlying groundwater are municipal and domestic supply, agricultural supply, industrial service supply, and industrial process supply. 23. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into waters of this state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board,or who has caused or permitted,causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is,or probably will be,discharged into the water of the state, and creates,or threatens to create,a condition of pollution or nuisance,shall upon order of the regional board clean up the waste or abate the effects of the waste,or,in case of threatened pollution or nuisance, take other necessary remedial action,including but not limited to,overseeing cleanup and abatement efforts. Upon failure of any person to comply with the cleanup or abatement order,the Attorney General,at the request of the board,shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In the suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent,as the facts may warrant. " 24. Section 13267(b) of the California Water Code states: " In conducting an investigation specified in subdivision(a),the regional board may require that any person who has discharged,discharges,or is suspected of having discharged or discharging, or who proposes to discharge waste within its region,or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges,or is suspected of having discharged or