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ADMINISTRATIVE CIVIL LIABILIPCOMPLAINT NO.R5-2002-0502 • MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY -2- SAN JOAQUIN COUNTY 6. The Discharger's facility is on approximately 280 acres, of which approximately 200 acres are available for land application of process wastewater. Wastewater is used to spray irrigate land containing mainly volunteer weeds and grass. 7. In mid-1999, the Discharger closed a similar facility in Visalia, and consolidated the production from that facility'with the Tracy facility. The facility consolidation resulted in a significant flow increase to the storage pond and land disposal system, but the Discharger made no modifications to the system to accommodate the increased flow. 8. Due to the limited capacity of the storage pond relative to the current wastewater flow rate, the Discharger must irrigate the land application areas every day the facility operates to prevent overfilling the storage pond. Spillage from the storage pond is discharged through an overflow pipe that directs the excess wastewater to an intermittent stream channel. ENFORCEMENT ORDERS 9. Because of lack of adequate storage and disposal capacity, between 28 February 1997 and 16 November 2000, the Discharger regularly violated various prohibitions and specifications contained in Order No. 97-037. To address the violations, the Executive Officer issued Cleanup and Abatement Order No. 5-00-717 (C&A Order) on 17 November 2000. The C&A Order requires the Discharger to: a. Immediately comply with Order No. 97-037 (including certain prohibitions and specifications which are cited specifically); b. Prepare certain technical reports; and C. Construct wastewater treatment system improvements as needed to comply with Order No. 97-037. 10. Although the Discharger submitted most of the required technical reports, treatment system improvements were not constructed and the Discharger failed to come into compliance with Order No. 97-037. Therefore, on 25 January 2002, the Regional Board adopted a Time Schedule Order pursuant to Section 13308 of the CWC, requiring the Discharger to submit the delinquent reports required by Order No. 97-037 and the C&A Order. 11. This Complaint addresses civil liabilities incurred by the Discharger for failure to comply with the C&A Order from the date of issuance (17 November 2000) through issuance of the Time Schedule Order(25 January 2002). Subsequent violations of the WDRs or Time Schedule Order, if any, will be addressed in a future complaint, as appropriate. GENERAL VIOLATIONS 12. The C&A Order required the Discharger to immediately comply with Order No. 97-037, including the following: a. Cease discharges to surface waters; b. Cease the discharge of waste within 100 feet of surface waters;