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STAFF REPORT • • ADMINISTRATIVE CIVIL LIABILITY ORDER AND 2 REVISION TO THE CWC WATER CODE SECTION 13308 TIME SCHEDULE ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY off the land application area; and wastewater was escaping the site into the surface drainage course. A review of monitoring reports revealed that the average DIS concentrations for January 2000 to March 2000 exceeded 2,000 mg/1 in the wastewater applied to land. These concentrations significantly exceeded the both the daily (1,340 mg/1) and annual (1,264 mg/1) DIS loading limits prescribed by the WDRs. On 15 May 2000, the Discharger was issued a Notice of Violation (NOV) and required, pursuant to Section 13267 of the CWC, to submit reports showing how it would address wastewater storage issues, waste application procedures, waste loading limits, the impact of applying saline wastewater to land, and alternatives for source control. The Discharger submitted several reports; however, they were incomplete and did not contain all the required information. Staff determined that the Discharger needed to bring its facility into compliance with its current WDRs before revised WDRs could be drafted that might allow an increase in flow or loading rates. In September 2000, the Discharger was informed that the technical reports were incomplete and that a C&A Order was in preparation. During an October 2000 meeting, the Discharger stated that California Environmental Quality Act (CEQA) issues would not delay construction of a proposed 72 million gallon storage pond, and that the pond would be constructed by mid-December 2000. The Discharger subsequently contacted the Sari Joaquin County Building Department and learned that it would need to complete the appropriate CEQA documents before it could construct the pond. Due to the Discharger's lack of voluntary cooperation in bringing the site into compliance with the WDRs, the Executive Officer issued C&A Order No. 5-00-717 on 17 November 2000. The C&A required that the Discharger immediately comply with the Prohibitions and Specifications of its WDRs, including ceasing the discharge of wastewater to surface waters, ceasing the discharge of wastewater to land during rain events, and complying with the BOD and DIS loading rates. The Discharger was also required to submit several technical reports (including a winter contingency plan, stormwater sampling pian, hydrogeologic investigation, soil quality investigation, cropping plan, and a long term storage/facility improvement plan). The C&A required that all facility improvements be completed by 1 November 2001. Staff conducted an aerial inspection of the facility on 11 October 2001 and an on-site inspection on .2Alovember 2-001. In addition, the case file-oaAWnitoring reports were carefully reviewed. Numerous violations of the WDRs and C&A were found. Although the Discharger had submitted the reports required by the C&A, it had not completed the facility improvements, had failed to comply with its Monitoring and Reporting Program (MRP), and remained in serious non-compliance with its WDRs. On 30 November 2001, an NOV was transmitted to the Discharger which stated that staff was preparing an enforcement order for the Regional Board to consider at its 25 January 2002 meeting. The Regional Board adopted TSO No. R5-2002-0014 at its 25 January 2002 meeting. The Order includes technical report submittal requirements, specific compliance requirements, and potential administrative civil liabilities that could be imposed for noncompliance. In meetings prior to the 25 January 2002 Regional Board meeting, and during the Regional Board meeting, the Discharger stated