SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

• - 11 _ STAFF REPORT ADMINISTRATIVE CIVIL LIABILITY ORDER AND REVISION TO THE CWC WATER CODE SECTION 13308 TIME SCHEDULE ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY On 8 May 2002, an NOV was transmitted to the Discharger. The Discharger responded, acknowledging errors in the monitoring reports and indicating that a consultant will be contracted to perform the monitoring. Proposed Revision of TSO No. R5-2002-0014 The successful application of additional wastewater on the land application areas in the short term is dependant on several variables including: • Limiting the application to short duration events to maximize evaporation of wastewater, • Careful planning of the time of day the wastewater is applied, • Constant monitoring of the application to prevent ponding and the resultant odor generation, • Selection of crops that are tolerant of high moisture conditions, high TDS wastewater, and are able to be harvested and removed from the land application areas quickly. • Application of wastewater in a manner that won't cause offensive odors. After reviewing the information submitted and inspecting the site, staff recommend that the Regional Board allow the Discharger to increase its interim flow rate through a revision to TSO No. R5-2002- 0014. The recommendation is made because the Discharger has demonstrated that it has the hydraulic capacity to contain the wastewater, and requires the increased flow in order to remain a viable business operation. However, staff are also recommending several other revisions to the TSO, as described below. It is noted that CWC section 13308 states that if there is a continuing violation of, among other items, a C&A Order, then the Regional Board may establish a time schedule and a civil penalty which will become due if compliance is not achieved in accordance with the time schedule. Because the Discharger is in continuing violation of its C&A Order, it is appropriate to establish a time schedule and civil penalty for each of the revisions to this TSO. • The first revision to the TSO would allow the Discharger to increase its flow between the time period of 7 June and 7 September 2002. The 7-day average flow discharged to land may not exceed 820,000 gpd, while the daily maximum flow may not exceed 950,000 gpd. The 7-day averaging period shall be for a calendar week, from Monday through Sunday. The penalty for each weekly or daily violation would be $2,500 per day of violation. • The Discharger has allowed an offensive odor condition to exist. Staff have received numerous odor complaints regarding the odor and confirmed the odor condition on 10 May 2002. The Discharger needs to take additional steps to control odors; therefore, the TSO should be revised to require the Discharger to submit a report on the additional steps it has taken to control the offensive odors. The report would be due by 28 June 2002, and the penalty would be $5,000 for each day in which the report is late or incomplete.