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REVISED CWC SECTION 13308 TIME SCHEDULE ORDER NO.R5-2002-0014• -8- MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY not provide the incentive to make improvements to the wastewater system necessary to achieve compliance. The specified civil penalty amounts are not intended to punish or redress previous violations. Issuance of this Order does not preclude the Board from adopting a future order assessing civil liability or penalties for the violations of C&A Order No. 5-00-717 and WDRs No. 97-037 which occurred previous to adoption of this Time Schedule Order or are not addressed in this Order. 39. In accordance with California Water Code section 13308(c), if the Executive Officer determines that the Discharger has failed to comply with the time schedule contained in this Order, the Executive Officer may issue a complaint pursuant to CWC Section 13323(a) alleging the violation(s) of the time schedule and setting forth the amount of civil penalty due under this Order. The Discharger may either pay the civil penalty or request a hearing before the Regional Board. 40. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2),Title 14, California Code of Regulations. 41. On 25 January 2002, in Sacramento, California, after due notice to the Discharger and all other affected persons, the Regional Board conducted a public hearing at which evidence was received to consider a California Water Code Section 13308 Time Schedule Order. 42. Any person affected by this action of the Regional Board may petition the State Water Resources Control Board to review the action in accordance with Section 2050 through 2068, Title 23, California Code of Regulations. The petition must be received by the State Water Resources Control Board, Office of Chief Counsel, P.O. Box 100, Sacramento, CA, 95812-0100, within 30 days of the date on which the Regional Board action took place. Copies of the law and regulations applicable to filing petitions are available at www.swrcb.ca.gov/water laws/index.html and also will be provided upon request. REVISIONS TO THIS ORDER 43. On 5 April 2002, the Discharger requested a flow limit increase for the time period from April 2002 to 6 September 2002. The Discharger has made improvements to the land application areas that will allow higher hydraulic application rates during the summer months when evapotranspiration is higher than what is presently allowed by the TSO. However concerns about loading rates of dissolved solids, nitrogen compounds, and BOD still exist. The BOD concern can be addressed with management provisions, nitrogen can largely be addressed by improved cropping activities, but the DIS loading rate will require source control. The Discharger hasr. A` performed some source control activities suocct as installing catch pans to collect high salinity wastewater and a new sump to divert high salinity wastewater generated in the cannery but it is anticipated that additional measures will be required in the future. 44. The following changes to TSO No. R5-2002-0014 were incorporated at the Board's 6 June 2002 meeting: a change in flow limitations (Task No. 4), allowing the use of wastewater for dust control measures on the active pond construction area(Task No. 12), the requirement to submit a report describing additional steps to minimize odors (Task No. 13), the requirement to evaluate the adequacy of monitoring well MW-9 (Task No. 14), and the requirement to submit the results of an additional groundwater monitoring event (Task No. 16).