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Ms. Charlene Herbst• • Mr. Sean Walsh September 9, 2009 Page 2 of 3 When recently presented with similar data, the San Joaquin County Department of Environmental Health advised that the conditions pose a "public health concern" (albeit outside of the County's jurisdiction), and offered to provide the impacted residences with literature regarding the health risks as well as precautions to be taken—you both were specifically copied on the County's letter. Although several owners of the impacted residences have inquired of my client and my office as to what should/will be done, we are hesitant to make further contact with these individuals in that the Lima Ranch sued us for doing so earlier this summer. Consequently, is the Regional Board going to continue abdicating the duties owed to the public, or will some action be taken? On August 24, 2009, Ms. Herbst left me a voicemail advising that I would be hearing from the Regional Board's counsel sometime after August 31, 2009, yet to date I have heard nothing. Unless the Regional Board is more concerned with revisionist face-saving than its duties to the public, then the next steps here are not overly complicated. The Lima Ranch is in violation of applicable Waste Discharge Requirements, as well as multiple provisions of the Water and Health and Safety Codes. A Cleanup and Abatement Order, or at least a Water Code §13267 letter, should be issued to the Lima Ranch requiring the following: • An appropriate network of monitoring wells to be sampled on a quarterly basis for constituents including nitrate-N, nitrite-N, ammonia, ammonium, and total kjeldahl nitrogen. • That Lima Ranch's primary waste impoundment be drained and abandoned (or drained and re-engineered) such that its use no longer represents a conduit to groundwater. ■ The performance of a domestic well survey to be conducted within a one-mile radius of the Lima Ranch; Sampling for nitrate at domestic wells identified within the survey zone; and An alternative water supply for those residences with domestic wells within the survey zone that exceed the Maximum Contaminant Level for nitrate. ■ An investigation into whether any of the Lima Ranch's ditches or trenches that receive and/or convey animal wastes are a source of groundwater contamination. ■ An investigation into whether the Lima Ranch's dry manure storage area is a source of groundwater contamination. • An investigation into whether the spreading of animal wastes upon cropland at the Lima Ranch is a source of groundwater contamination.