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California Regional Water Quality Control Board ° 5 Qa; Central Valley Region _ Robert Schneider,Chair , Terry Tamminen Arnold Schwarzenegger secreta,yfor Sacramento Main Office Governor Environmental Protection Internet Address: http://www.swrcb.ca.gov/--rwgcb5 11020 Sun Center Drive,#200,Rancho Cordova CA 95670-6114 Phone(916)464-3291 •FAX(916)4644780 n inM(J�l``) r 30 August 2004 Il �� LJ SEP 0 2 2004 ENVIROWILN1 HEALTH Rodney Schatz PERMIT/SERVICES 18247 N. Tretheway Road Lockeford, CA 95237 NOTICE OF VIOLATION, INADEQUATE WATER BALANCE AND TREATMENT REPORT, SCMATZ WINERY,ACAMPO, SAN JOAQUIN COUNTY I have reviewed the 24 June 2004 Water Balance and Treatment Report which was prepared by you. The plan was required by Waste Discharge Requirements Order No. R5-2004-0035, Provision G.1.b. The report, which consists of three sentences, is inadequate because it does not address the issues required by the Order and was not prepared by a registered engineer or geologist. The Order required the following: By 17 June 2004, the Discharger shall submit a Water Balance and Treatment Report that includes (1) an evaluation of the wastewater pond size and(2) an evaluation of the need to install aerators in the pond. If the pond does not contain adequate storage capacity, the report shall include a design and proposed schedule for increasing the storage capacity. The pond must be sized to contain wastewater and stormwater using 100 year return annual total rainfall amounts distributed monthly in accordance with historical trends. The report shall clearly show whether aerators are necessary to meet the Effluent Limits, dissolved oxygen limit, and prevent nuisance odors. If an aerators) is necessary, the aerator(s) shall be installed no later than I September 2004. The report shall be prepared under the direction of an engineer or geologist registered to practice in California pursuant to California Business and Professions Code §6735, 7835, and 7835.1. The report was required because the wastewater storage pond was not constructed as described in the Report of Waste Discharge (RWD). The pond described in the RWD would provide approximately 347,000 gallons of storage but the actual pond is smaller, providing approximately 226,000 gallons of storage. This indicates the facility likely has inadequate wastewater storage capacity. Inadequate storage may result in wastewater spills. In addition, the report describes installation of aerators in the wastewater pond but does not state when the work will be completed. The report must include a schedule for completion of the work. The Order requires an evaluation of the need for aerators and if required, for them to be installed no later than 1 September 2004. The Water Balance and Treatment report was required by Section 13267 of the California Water Code; therefore failure to submit the report exposes the Discharger to enforcement activities, including the imposition of Administrative Civil Liabilities of up to $1,000 per day for late or incomplete reports. California Environmental Protection Agency Ca Recycled Paper