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CLEANUP AND ABATEMENT ORDS t NO. J 4 THE WINE GROUP,INC. FRANZIA WINERY SAN JOAQUIN COUNTY DRAFT discharging,or who proposes to discharge,waste outside of its region that could affect the quality of waters within its region shall furnish,under penalty of perjury,technical or monitoring program reports which the regional board requires. The burden,including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports,the regional board shall provide the person with a written explanation with regard to the need for the reports,and shall identify the evidence that supports requiring that person to provide the reports." 25. Technical reports are required to ensure compliance with this C&A Order and WDRs Order No. 95-097, and to ensure the protection of the public health and safety. The Discharger owns and operates the facility at which the subject waste is discharged. 26. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act (CEQA),pursuant to Section 15321(a)(2), Title 14, California Code of Regulations. 27. Any person affected by this action of the Regional Board may petition the State Water Resources Control Board(State Board)to review the action in accordance with Section 2050 through 2068, Title 23, California Code of Regulations. The petition must be received by the State Board within 30 days of the date of this Order.' Copies of the law and regulations applicable to filing petitions are available at http://www.swreb.ca.gov/water_laws/cawtrede/wgperirion_instr.html and will also be provided upon request. IT IS HEREBY ORDERED that, pursuant to Sections 13304 and 13267 of the California Water Code, The Wine Group, Inc. shall cleanup and abate, to the extent possible, the condition of pollution or nuisance and potential threat to public health caused by discharge from the Franzia Winery facility, in accordance with the scope and schedule set forth below. Compliance with this requirement shall include, but not be limited to, the following measures: 1. The Wine Group shall comply with all aspects of WDRs Order No. 95-097 and MRP Order No 95- 097, except for the Groundwater Limitation. The Discharger shall make all practicable efforts to comply with the Groundwater Limitation during the study period described in this Order, and at the end of the study period, shall submit a Report of Waste Discharge proposing such improvements that it will comply with the Limitation in the future. " " 2. By 18 June 2004, The Wine Group shall submit a Groundwater Protection Workplan that provides a detailed description of the studies, investigations, and plans required by Items 3 through 5 of this Order to evaluate current conditions, estimate future conditions, and identify and implement the improvements necessary in order to adequately protect groundwater. The Executive Officer must approve the plan prior to its implementation. The Workplan shall include: a. A Groundwater Characterization Workplan that describes a plan to fully evaluate the quality of the groundwater upgradient, beneath, and downgradient of the land application area. If the Discharger proposes to use existing production wells,then the Workplan shall clearly show why they should be used as part of a groundwater monitoring well network. This Workplan shall provide the screened interval (per a well log or down-hole investigation), describe how/when the well is pumped for irrigation or other uses, and clearly show why a production well(s) is preferential to a dedicated monitoring well. The