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Ah CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ORDER NO. WASTE DISCHARGE REQUIREMENTS FOR OCCIDENTAL CHEMICAL AGRICULTURAL PRODUCTS, INC. LATHROP, SAN JOAQUIN COUNTY The California Regional Water Quality Control Board, Central Valley Region, (here- after Board) finds that: 1. The Board, on 16 August 1968, adopted Order No. 69-19 which prescribed requirements for a discharge of process wastewaters from fertilizer manufac- turing and formulation activities of Occidental Chemical Company, a division of Occidental Petroleum Corporation, to percolation -evaporation lagoons. 2. Occidental Chemcial Company submitted a report of waste discharge, dated 29 August 1980; supplemental information was submitted on 31 July 1981 and 25 January 1982. 3. Occidental Chemical Company adopted the name Occidental Chemical Agricultural Products, Inc. (hereafter OCAP) in April 1982. 4. The Board, on 23 July 1982, adopted Order No. 82-099 which prescribed require- ments for OCAP for discharges of process and non -process wastewaters, rain- water runoff, and treated ground water to lined ponds, unlined ponds, agricul- tural lands, and an unuseable aquifer, as appropriate. 5. As of 1 January 1983, OCAP conveyed to the J.R. Simplot Company (hereafter Simplot), a Nevada Corporation, certain property and assets of the Lathrop facility (Attachment A). In basic terms, Simplot presently owns all the land comprising the Lathrop facility, and all the improvements to that land except the ground water remedial system (treatment plant, monitoring wells, and injection wells), its supporting laboratory, records and equipment, the phosphoric acid production plant, and the aqua recovery system used in ammonia production. 6. Present waste discharge requirements established by Order No. 82-099 do not represent adequately the change in ownership. 7. Under terms of the Stipulation and Judgment Approving Settlement (No. CIV S-79-989 MLS, hereafter Stipulation), approved by the Court 9 February 1981, OCAP is responsible for mitigation, cleanup, and abatement of any contamina- tion of ground water attributable to operations at the Lathrop facility. 8 Under terms of the Stipulation and Order (hereafter Order) approved by the Court 21 December 1982, California consented to the transfer from OCAP to Simplot of the Lathrop property and assets provided that OCAP expressly retains full responsibility for compliance with all obligations imposed by the Stipulation.