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DRAFT STAFF REPORT ADMINISTRATIVE CIVIL LIABILITY COMPLAINT FOR RODNEY AND GAYLA SCHATZ MOKELUMNE RIM VINEYARDS SAN JOAQUIN COUNTY Introduction Rodney and Gayla Schatz doing business as Mokelumne Rim Vineyards (hereafter referred to as "Discharger") own and operate a winery and associated wastewater treatment, storage, and disposal system, at 6200 E. Peltier Road, Acampo in San Joaquin County. The Discharger's wastewater system is regulated by Waste Discharge Requirements (WDRs) Order No. R5-2004-0035, which prescribes requirements for the treatment, storage and LAND application of up to 5,000 gallons per day with an annual maximum of 1,650,000 gallons of wastewater to the land application area. Administrative Civil Liability Complaint (ACLC)No. R5-2005-0528 was issued because the Discharger failed to submit technical reports and complete self-monitoring reports required by the WDRs. Historical Overview Mokelumne Rim Vineyards was already constructed and operating when the WDRs were adopted. The winery is being constructed in phases with approximately 3,000 tons of grapes (approximately 450,000 gallons or 190,000 cases of wine) planned to be crushed at build out. Wastewater is collected in floor drains, screened, stored in a wastewater pond, and subsequently applied to a 35-acre land application area. The 31 July 2001 Report of Waste Discharge (RWD) stated the wastewater storage pond would provide 347,000 gallons of storage, be lined with a low permeability soil liner, and be equipped with an aerator. However, the wastewater pond was not constructed as described in the RWD. The Findings of the WDRs describe a number of deficiencies in the Discharger's wastewater system when compared to the system proposed in the RWD and therefore the WDRs required the Discharger to submit reports describing system improvements. These reports included a Water Balance and Treatment Report and a Land Application Area Improvement Report. The WDRs Findings also include requirements to install groundwater monitoring wells, improve wastewater treatment performance, and reduce the dissolved solids loading rate in the land application area. To accomplish those goals, technical reports were required in the WDRs. The reports include a Groundwater Well Installation Workplan and Groundwater Sampling and Analysis Workplan, Operation and Management Plan, Groundwater Well Installation Report of Results, Salinity Reduction Study, and Background Groundwater Quality Study Report. Staff has spent a large amount of time attempting to work with the Discharger, including meeting with the Discharger prior to the March 2004 Board meeting to make sure he understood the tentative WDRs and what would be required of him. It is noted that the Discharger did not contest the WDRs. Violations of the WDRs This section describes the Discharger's lack of compliance in each of three areas: compliance with WDRs, submittal of technical reports required by WDRs Provisions, and submittal of self-monitoring reports required by the Monitoring and Reporting Program. Each area is discussed below.