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CLEANUP AND ABATEMENT ORDER NO. 5-00-717 3 _
<br /> MUSCO OLIVE PRODUCTS AND THE STUDLEY CORPORATION
<br /> MUSCO OLIVES PRODUCTS,TRACY FACILITY
<br /> SAN JOAQUIN COUNTY
<br /> by the 15 May 2000 letter. The Discharger needs to complete one comprehensive plan for
<br /> bringing its facility into compliance with its current WDRs and preventing water quality impacts
<br /> from its proposed increase in flow and salt concentrations.
<br /> 11. On 25 September 2000, the Discharger was informed the technical reports that were submitted
<br /> were deemed incomplete and a C&A Order was in preparation. The Discharger had an
<br /> opportunity to review and comment on this Order before it was signed by the Executive Officer.
<br /> 12. In a 3 October 2000 meeting, held to discuss Musco's proposed interim plan for controlling
<br /> wastewater onsite, the Discharger informed staff that CEQA issues would not delay construction
<br /> of the proposed 72 million gallon storage pond, and that the pond would be constructed by mid-
<br /> December 2000. Subsequently, the Discharger contacted the San Joaquin County Building
<br /> Department and learned that CEQA documents are required prior to issuance of building permits.
<br /> The Discharger is again entering the wet season without a holding pond of sufficient capacity, and
<br /> if significant changes are not implemented, will again discharge wastewater to surface waters.
<br /> 13. As a result of the events and activities described in this Order, the Board finds that the Discharger
<br /> has caused or permitted waste to be discharged in such a manner that it has created, and continues
<br /> to threaten to create, a condition of pollution or nuisance.
<br /> 14. The Board's Water Quality Control Plan (Fourth Edition) for the Sacramento River and San
<br /> Joaquin River Basins (Basin Plan) establishes the beneficial uses of the waters of the state and
<br /> water quality objectives to protect those uses. The beneficial uses of the groundwater beneath the
<br /> site are municipal and domestic supply; agricultural supply; industrial service and process supply;
<br /> contact and noncontact recreation; warm and cold freshwater habitat; warm and cold spawning
<br /> habitat; warm water spawning; wildlife habitat; and navigation.
<br /> 15. Section 113304(a) of the California Water Code provides that: "Any person who has discharged or
<br /> discharges waste into waters of this state in violation of any waste discharge requirements or other order or prohibition
<br /> issued by a regional board or the state board, or who has caused or permitted, causes or permits, or threatens to cause
<br /> or permit any waste to be discharged or deposited where it is,or probably will be, discharged into the water of the
<br /> state, and creates, or threatens to create, a condition of pollution or nuisance,shall upon order of the Regional Board
<br /> clean up the waste or abate the effects of the waste,or, in case of threatened pollution or nuisance,take other
<br /> necessary remedial action, including but not limited to, overseeing cleanup and abatement efforts. Upon failure of any
<br /> person to comply with the cleanup or abatement order,the Attorney General, at the request of the board, shall petition
<br /> the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In
<br /> any such suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or
<br /> permanent, as the facts may warrant."
<br /> 16. Section 13267(b) of the California Water Code states: "in conducting an investigation specified in
<br /> subdivision(a), the regional board may require that any person who has discharged, discharged, or is suspected of
<br /> discharging, or who proposes to discharge waste within its region,or any citizen or domiciliary, or political agency or
<br /> entity of this state person who has discharged,discharged,or is suspected of discharging, or who proposes to
<br /> discharge waste outside of its region that could affect the quality of waters of the state within its region shall furnish,
<br /> under penalty of perjury,technical or monitoring program reports which the regional board requires. The burden,
<br /> including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be
<br /> obtained from the reports."
<br /> 17. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the
<br /> provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Title 14,
<br /> California Code of Regulations.
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