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STAFF REPORT ADMINISTRATIVE CIVIL LIABILITY ORDER AND REVISION TO THE CALIFORNIA WATER CODE SECTION 13308 TIME SCHEDULE ORDER FOR MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY INTRODUCTION This staff report addresses two items that will be considered by the Regional Board at its 6-7 June 2002 meeting. The first item is consideration of adoption of a $150,000 Administrative Civil Liability Order addressing violations of both Waste Discharge Requirements (WDRs)No. 97-037 and Cleanup and Abatement (C&A) Order No. 5-00-717 for the time period between 17 November 2000 and 25 January 2002. The second action is consideration of a revision to the California Water Code (CWC) Section 13308 Time Schedule Order (TSO) No. R5-2002-0014, which was adopted on 25 January 2002; the revisions will allow increased wastewater flow rates until 7 September 2002 when a revision of the WDRs is scheduled to be considered by the Regional Board. BACKGROUND Musco Olive Products and the Studley Company (hereafter jointly referred to as"Discharger") operate an olive processing and canning facility at 17950 Via Nicole, Tracy in San Joaquin County. Musco Olive Products operates the facility on land leased from the Studley Company, a California Limited Partnership. Year-round olive processing activities include receiving, lye curing, brining,pitting, and canning. These activities generate wastewater with elevated concentrations of salt(specifically, dissolved inorganic solids [DIS]), sodium, and chloride). WDRs Order No. 97-037 requires the Discharger to separate the wastewater based on DIS concentrations; wastewater with DIS concentrations exceeding 1,340 mg/I must be directed to one of two Title 27 ponds, while the lower strength wastewater can be discharged to a one-million gallon storage pond prior to land application. Due to the differing character of the two waste streams, this facility is regulated by two separate WDRs. WDRs Order No. 96-075 regulates the concentrated brines sent to the Title 27 ponds, while Order No. 97-037 regulates the less concentrated wastewater that is applied to land. WDRs Order No. 97-037 allows the Discharger to discharge up to 500,000 gallons per day (gpd) of wastewater to 200 acres of land. Among other items, the WDRs specify that the land must be cropped, that wastewater shall not stand on any check more than 12 hours,that wastewater will not be applied during rain events, and that wastewater may not enter surface waters. The WDRs have specific annual and daily loading rates for biochemical oxygen demand (BOD) and DIS. HISTORY In January 2000, the Discharger submitted a Report of Waste Discharge (RWD) requesting an increase in both the allowable flow limit and the DIS loading limit for wastewater applied to land. The Discharger stated that it had acquired another similar facility in Visalia, closed the facility, and transferred the production from that facility to the Tracy facility in 1999. As part of the review of the RWD, staff conducted a site inspection in May 2000. Staff found numerous violations, including evidence that: the one-million gallon storage pond had spilled wastewater into a surface drainage course which runs through the site; wastewater was applied to land during rain events;wastewater was flowing