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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO.R5-2005-0528 -3- RODNEY AND GAYLA SCHATZ MOKELUMNE RIM VINEYARDS SAN JOAQUIN COUNTY Compliance with WDRs The Discharger has failed to comply with a number of the Provisions of the WDRs: i. The January and February 2005 monitoring reports indicate that wastewater in the pond contained less than 1.0 mg/l dissolved oxygen, in violation of Discharge Specification No. B.6 which requires a minimum dissolved oxygen level of 1.0 mg/l. Inadequate dissolved oxygen concentrations indicate inadequate aeration is available in the pond. WDR Provision Lb required an analysis of the need for pond aeration and if necessary, installation of an aeration system by I September 2004. This requirement was not met. ii. The wastewater pond possessed inadequate freeboard in February 2005. Inadequate freeboard may indicate that the pond is too small. The Discharger's 7 June 2005 response to the Regional Board's 30 August 2004 NOV confirmed that the pond is smaller than described in the RWD. Discharge Specification B.14 requires the wastewater system to have sufficient capacity to accommodate wastewater flow and precipitation. WDR Provision G.Lb required a schedule for construction of improvements, which has not been received. The current pond capacity is too small for the permitted wastewater flows and is therefore in violation of the WDRs. iii. As of the date of the NOV,the Discharger had not complied with the groundwater monitoring portion of the WDRs. Staff commented on workplans for the groundwater well installation in correspondence dated 27 August 2004 and 5 May 2005. A revised workplan was submitted on 20 October 2005. That workplan,with a minor addendum, has now been found acceptable. WDRs Provision G.Lf required wells to be installed no later than 15 September 2004, but the wells have not yet been installed and the installation is more than a year overdue. INADEQUATE OR INCOMPLETE TECHNICAL REPORTS 8. WDRs Provision G.Lb required submittal of a Water Balance and Treatment Report by 17 June 2004. The original submittal was dated 24 June 2004; staff notified the Discharger that it was inadequate in the 30 August 2004 NOV. A revised report was submitted on 7 June 2005, but it is still inadequate because it failed to include a schedule for implementation of improvements. In addition, staff has serious concerns about the approach to provide aeration to the pond. A 12 September 2005 letter from Mokelumne Rim Vineyards states, "Aeration has been installed. The pond size is appropriate for the facilities operations." However, the Discharger has not submitted the monitoring data to show that the aeration system is adequate to maintain 1.0 mg/I dissolved oxygen in the pond. Staff also note that the 7 June 2005 revised report indicated the pond size does not comply with the Discharge Specifications of the WDRs, and that there is no indication that it has been expanded. To date, a complete report has not been received. 9. WDRs Provision G.l.c required submittal of a Groundwater Well Installation Workplan by 17 June 2004. Versions of the workplan were submitted three times (28 June 2004, 14 March 2005, and 23 May 2005); each of which were granted conditional approvals by staff(27 August