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CEASE AND DESIST ORDER A5-2003-0124 -3 - CITY 3 -CITY OF ESCALON WASTEWATER TREATMENT FACILITY SAN JOAQUIN COUNTY Month/Year Influent BOD Flow Rate BOD Loading BOD Loading (mg/L) (Gal/Month) Pounds/Month Pounds/Day Nov-02 1,020 9,114,690 77,537 2,585 Total for 2002 3,123,069 Flow rate and BOD data taken from 2001 Amoral Wastewater Treatment Report and 2002 Annual Wastewater Treatment Report. 18. The March 2000 Report of Waste Discharge anticipated that industrial wastewater would have a BOD loading rate of 40,000 lbs/day at a flow rate of 3.4 million gallons per day. However, because odors have been documented at significantly lower loading rates than assumed in the design, further investigation of the cause of the odors is warranted. REGULATORY CONSIDERATIONS 19. As a result of the events and activities described in this Order, the Regional Board finds that 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. The Regional Board also finds that the Discharger is discharging waste in violation of WDRs Order No. 5-00-142, as described in Findings No. 11 through 18. 20. Surface water drainage is to the Stanislaus River. 21. The Regional Board's Water Quality Control Plan (Fourth Edition) for the Sacramento River and San Joaquin River Basins (Basin Plan) establishes the beneficial uses of the waters of the Stanislaus River. The beneficial uses of the Stanislaus River are municipal and domestic supply, agricultural supply, industrial service supply, industrial process supply, water contact recreation, non-contact water recreation, warm freshwater habitat, cold freshwater habitat,migration of aquatic organisms, spawning, reproduction, and/or early development, and wildlife habitat. 22. Section 13301 of the California Water Code states in part: "When a Regional Board finds that a discharge of waste is taking place or threatening to take place in violation of the requirements or discharge prohibitions prescribed by the regional board or the state board,the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions(a)comply forthwith,(b)comply in accordance with a time schedule set by the board,or(c)in the event of a threatened violation,take appropriate remedial or preventive action." 23. 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 discharging,or who proposes to discharge waste within its region,or any citizen or domiciliary,or political agency or entity of this state person who has discharged,discharges,or is suspected of discharging,or who proposes to discharge waste outside of its region that could affect the quality of waters of the state 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." 24. The Discharger owns and operates the facility subject to this Order. Monitoring reports and other technical reports are necessary to determine compliance with the Waste Discharge Requirements and with this Order.