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ADMINISTRATIVE CIVIL LI•LITY COMPLAINT NO.R5-2002-0502 • -3- MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUINCOUNTY C. Cease applying waste during rain events; d. Confine the discharge to property owned and controlled by the Discharger; e. Comply with the wastewater loading rate limits for BOD and DIS; and f. Comply with the 500,000-gallon daily flow rate contained in Order No. 97-037, 13. A 2 November 2001 inspection of the facility and a review of the case file revealed the following violations of the C&A Order: a. C&A Order measures A.La and A.Lb require the Discharger to prevent wastewater from entering surface water drainage courses. During the inspection, staff observed irrigation tailwater draining to the intermittent stream channel. Based on the Discharger's reported daily flow totals and the capacity of the existing storage pond, it appears that tailwater discharges have been a daily occurrence whenever the facility is generating wastewater. b. C&A Order measure A.Le requires the Discharger to comply with the effluent concentration limits for DIS and BOD. The Discharger's self-monitoring reports indicate that the DIS concentration exceeded the limit a total of 51 times between 17 November 2000 and 25 January 2002. The BOD limit was exceeded on four occasions. C. C&A Order measure A.l.c requires the Discharger to limit irrigation to those times when it is not raining and to allow a three day resting period between applications and precipitation events. The Discharger's self-monitoring reports indicate irrigation occurred during rain events on 57 separate occasions between 17 November 2000 and 25 January 2002. d. On 28 December 2001, in violation of Order No. 97-037 and the C&A Order, an unknown volume of wastewater mixed with storm water runoff from the land discharge area spilled over containment berms constructed by the Discharger in the intermittent stream bed. e. The Discharger's flow rates exceeded 500,000 gpd on 210 days between 17 November 2000 and 25 January 2002. 14. Considering the violations cited above, the Discharger violated at least one discharge requirement on each of 259 days between 17 November 2000 and 25 January 2002. Attachment A contains a day-by-day summary of violations that occurred during this time period. 15. The C&A Order also required the Discharger to complete certain technical reports as follows: a. Develop and implement a contingency plan to allow operation through the winter without off-site discharges and discharges to surface waters; b. Develop and implement a storm water and surface water monitoring workplan; C. Develop and implement a hydrogeologic investigation workplan designed to assess soil and groundwater conditions beneath the discharge areas; d. Develop and implement a workplan to study the effects of the discharge on soil and crops at the discharge areas; e. Develop a plan for facility improvements designed to ensure adequate long-term wastewater storage and disposal; and •