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vCalifornia Regional Water Quality Control Board Winston H.Hickox Central Valley Region Gray Davis secretary for Robert Schneider,Chair Governor Environmental Protection C:)Sacramento Main Office Internet Address: http://w .sw b.ca.gov/—rwgcb5 L 3443 Routier Road,Suite A,Sacramento,Califomia 95827-3003 r _ Phone(916)255-3000•FAX(916)255-3015 _ N 11 July 2001 a s Mr. Chris Littlefield "t Kellogg Garden Products 12686 Locke Road Lockeford, CA 95237 NOTICE OF VIOLATION KELLOGG GARDENPRODUCTS, SANJOAQUIN COUNTY Staff has reviewed the 3 July 2001 Response to the Notice of Violation prepared by Lee &Ro, Inc. The transmittal includes an evaluation of the contact water storage pond and an Operations and Maintenance Plan. The evaluation of the contact water storage pond indicates the pond does not meet the minimum capacity requirements described in Waste Discharge Requirements (WDRs) Order No. 5-00-227, Discharge Specification B.7 which states: The contact water pond shall have sufficient capacity to accommodate allowable wastewater flow, design seasonal precipitation, and ancillary inflow and infiltration. Design seasonal precipitation shall be based on total annual precipitation using a return period of 100 years, distributed monthly in accordance with the historical rainfall patterns. This is an unacceptable condition and puts Kellogg Garden Products at risk of enforcement, including fines. By 27 August 2001 Kellogg trust submita storage capacity workplan to address the inadequate capacity. The workplan shall include an implementation schedule that corrects the inadequate capacity by 1 November 2001. If-the ft6ject cannot be completed by 1 November 2001, then the workplan shall include a winter contingency plan that describes procedures that will be implemented to prevent discharge of wastewater to areas outside the contact water storage pond. If needed, the contingency plan shall be included as an appendix to the storage capacity workplan. The 3 July 2001 Lee&Ro, Inc. correspondence requested a clarification on the storage requirements for wood fiber materials. The wood fiber materials are reportedly stored for short periods of time outside the bermed storage area. Findings No. 6, 7, and 8 of the WDRs address the composition of the raw materials, describe how wastewater is generated, and describe the storage of the raw materials. Discharge Prohibition No. AA states, "Storage of any bulk(unpackaged) raw material outside the bermed 2.6 acre storage area is prohibited." Therefore, storage of wood fiber outside the California Environmental Protection Agency %4*cycled Paper The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swrcb.ca.gov/mgcb5