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�. DEGROOT & SONS -2- 11 February 1994 INSPECTION MEMO SAN JOAQUIN COUNTY B.11 On or about 1 October of each year, available pond storage capacity shall at least equal the volume necessary to comply with Discharge Specification B.10. DeGroot's WDRs require under Discharge Specification B.1 that the discharger maintain and operate the treatment and disposal facilities under a plan of Operations approved by the Executive Officer. Further, in Provision E.7 of the WDRs, it requires the discharger to submit the Operations and Maintenance Plan (O&M Plan) by 1 December 1991 and be in full compliance with the O&M Plan by 1 July 1992. In correspondence we received from DeGioot's Attorney, on 31 August 1992 and again on 28 September 1992, it stated that all waste/wash water from Suprema Specialities would be 100% eliminated and no longer accepted by DeGroot and Sons after 31 March 1993. The 28 September 1992 letter also stated; because no waste/wash water would be going into the ponds, no Pond Operations and Maintenance Plan was required. In our 13 October 1993 Notice of Violation Letter we requested Degroot and/or Suprema Specialities to continue performing the effluent monitoring and reporting requirements in accordance with the Monitoring and Reporting Program 91-161,even though the ponds were not going to be operated. We have not yet received a quarterly monitoring report. This is a violation of Provision E.1 and E.5, which states: E.1 The Discharger shall comply with the Monitoring and Reporting Program No. 91-161, which is pan of this Order, and any revisions thereto as ordered by the Executive Officer. E.5 The Discharger must comply with all conditions of this Order, including timely submittal of technical and monitoring reports as described by the Executive Officer. Violations may result in enforcement action, including Regional Board or court orders requiring corrective action or imposing civil monetary liability, or in revision or rescission of this Order. The property owner and the operator of the confined animal facility, spilling manured waste to the surface water drain, are in violation of Title 23, Chapter 15, Article 6, Section 2562(a) which states: 2562(a) Confined animal facilities shall be designed and constructed to retain all facility wastewater generated together with all precipitation on, and drainage through, manured areas during a 25-year, 24 hour storm. During our last inspection. violations of the WDRs were also cited resulting in us requiring the Discharger to submit a report of waste discharge (ROWD) by 15 March 1994. CONCLUSIONS: DeGroot and Sons and the Suprema Specialities waste water disposal operations are in violation of several of their WDR requirements. The confined animal facility on DeGRoot's property is discharging manured waste directly into a surface water drain. The violations of the WDRs and Chapter 15 requirements should cease immediately and the discharger must submit a compliance schedule for preventing the violations from reoccurring. - 1 4 Michael H. osbacher, Project Engineer MHM