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STAFF REPORT for ADMINISTRATIVE CIVIL LIABILITY ORDER FOR DOLE FRESH VEGETABLES, INC. WILD ROSE VINEYARDS, LLC FORMER VICTOR FRUIT FACILITY SAN JOAQUIN COUNTY Introduction Dole Fresh Vegetables, Inc. (Dole) and Wild Rose Vineyards LLC (Wild Rose) (jointly Dischargers) have failed to comply with Cleanup and Abatement Order(CAO)No. R5-2004-0714 and failed to close the wastewater ponds at the former Victor Fruit Facility. Dole operated the facility to process cherries and discharged process wastewater to unlined ponds. Soil under the ponds has been contaminated with sulfate to 3,400 mg/kg and chloride to 500 mg/kg as compared to background concentrations of 120 mg/kg and 22 mg/kg, respectively. Groundwater downgradient of the ponds has been impacted with elevated concentrations of TDS, sulfate, and nitrate. Dole sold the property, including the unclosed ponds, to Wild Rose in 1999. As part of the sale agreement,Dole agreed to resolve any environment issues resulting from the cherry processing operation and in 2002 Dole submitted a plan to close the ponds. The closure plan called for closing the ponds as a landfill, cleanup of groundwater contamination, and a deed restriction limiting future use of the site. Staff approved Dole's plan in March 2002. Wild Rose subsequently objected to the deed restriction and denied access to Dole for the purpose of closing the ponds. In August 2004, the Executive Officer issued the CAO to force Dole and Wild Rose to resolve their issues and close the ponds. The CAO required submittals leading to final closure of the ponds by 1 November 2004. In response to the CAO, Wild Rose submitted a counter plan to clean close the facility. Staff determined that Wild Rose's plan was incomplete and provided detailed comments for the necessary revisions. In early November 2004, staff understood that Wild Rose and Dole had entered into negotiations to work together and close the ponds. However, despite these apparent efforts to resolve issues, the parties have been unable to agree on a closure plan and to comply with the CAO. Historical Overview The former Victor Fruit Facility is a former cherry processing facility operated by Dole from 1982 to 1999. In 1999 the site was sold to Wild Rose. When the facility was active as a cherry processor, wash water and used brine solution were discharged to the six unlined evaporation/percolation ponds and this liquid waste was then used intermittently to irrigate the company-owned vineyards. From 1982 to 1992 the facility operated under WDRs Order No. 82-061, as a non-Chapter 15 facility. In 1992, the Regional Board adopted revised WDRs Order No. 92-154. The revised WDRs re- classified the wastes as a designated waste,under the criteria in Title 23, Division 3, Chapter 15, California Code of Regulations (Chapter 15)(now recodifred, in part, in Title 27 California Code of Regulations Division 2). The WDRs also required groundwater monitoring and the submittal of a technical report addressing wastewater treatment proposals. Ultimately,Dole treated the wastewater to reduce total dissolved solids concentrations(TDS) and was allowed to continue to discharge to the unlined ponds. Dole sold the property to Wild Rose in 1999; the wastewater ponds were operated by