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REVISED CWC SECTION 13303 TIME SCHEDULE ORDER NO.R5-2002-0014• -4- MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN IOAQUIN COUNTY M. WDRs Discharge Specification B.7 and Finding No. 17 prohibit application of wastewater during rain events, and states that there will be a three day resting period between applications and precipitation events. The Discharger's self-monitoring reports indicate wastewater was routinely applied during rain events. Based on the amount of tailwater generated on all fields, it is likely that the Discharger is not resting application areas between applications of wastewater and rain events. n. WDRs Discharge Specification B.8 requires erosion control measures to be implemented prior to 1 November each year. The Discharger has failed to control erosion of the berms at the one million gallon storage pond or land application areas. The over application of wastewater has resulted in erosion gullies at tailwater runoff areas in the land application areas. o. WDRs Provision D.2 requires the Discharger to comply with the general reporting requirements contained in the Standard Provisions which require notification of the Regional Board whenever a wastewater spill event occurs. The Discharger has failed to perform this notification despite having regular overflows of the one million gallon storage pond. 14. On 11 October 2001, Regional Board staff performed an aerial inspection of the facility and noted the following violations of the WDRs: natural drainage course being used to control and transmit wastewater flow, lack of cropping in land application areas, and overspray of wastewater onto adjacent properties. 15. On 22 October 2001, Regional Board staff received an odor complaint from a resident living near the Discharger's facility. The complainant stated odors and flies have been a problem for a long time but the conditions have worsened with the Discharger's recent facility expansion. 16. On 19 November 2001, Regional Board staff received a written odor complaint that described on-going objectionable odors. The written complaint was followed up with a telephone call on 3 December 2001. VIOLATIONS OF THE CLEANUP AND ABATEMENT ORDER 17. Due to faih-Ire to comply with the WDRs, C&A Order No. 5-00-717 was signed by the Executive Officer on 17 November 2000. The Order required the Discharger to comply with WDRs No. 97- 037, and to implement certain immediate measures including complying with the wastewater loading rates, ceasing the discharges to surface waters, ceasing the discharge of waste within 100 feet of surface waters, and ceasing the application of waste during rain events. The Order also required the Discharger to complete short term measures that consisted of a contingency plan to allow operation through the winter; evaluation of present conditions (technical reports that evaluated surface water, soil quality, crop health, and groundwater quality); and design and construction of long term storage and disposal facilities. The C&A Order required all improvements to be constructed by 1 November 2001. The Discharger has not completed the improvements. 18. The Discharger has submitted technical reports as required by the C&A Order but has failed to implement recommendations contained in the reports to improve the wastewater treatment system. 19. A 2 November 2001 inspection of the facility and land application areas, as well as a review of the case file,revealed the following violations of the C&A Order: