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STAFF REPORT: CONSIDERi�rfON OF AN 2 ADMINISTRATIVE CIVIL LIABELITY ORDER FOR FORMER VICTOR FRUIT FACILITY California Fruit Processors LLC (a lessee of Wild Rose) for a single season in 2000. Dole has accepted responsibility for closing the ponds because of its long-term discharge to the ponds. In November 1999, Dole requested that the wastewater be re-classified as non-designated waste. In response, staff requested a soil investigation and discovered soil contamination of sulfate up to 3,400 mg/kg, and chloride up to 500 mg/kg. Background soil sulfate and chloride concentrations are approximately 120 mg/kg and 22 mg/kg, respectively. Groundwater down gradient of the ponds was impacted with elevated TDS, sulfate and nitrate. In January 2002, Dole submitted a closure plan for the ponds and in June 2002 Dole submitted an Engineering Feasibility Study to cleanup-impacted groundwater. Staff concurred on 29 August 2002 with Dole's revised Closure Plan and on 6 December 2002 with the plan to cleanup groundwater. Dole proposed to leave some contamination in place with a low permeability soil cover. In compliance with Title 27 closure requirements, a deed restriction prohibiting any modification to the drainage and cover would be placed on the footprint of the closed ponds. Wild Rose objects to the deed restriction and has refused to allow Dole on the property to close the ponds. On 5 August 2004, the Executive Officer issued CAO No. R5-2004-0714 requiring Dole Fresh Vegetables Inc. and Wild Rose Vineyards LLC to complete closure of the ponds by 1 November 2004. Recent Violations Recent violations of the CAO include the Dischargers' failure to submit a revised closure plan and to complete closure of the ponds by 1 November 2004. The CAO set compliance dates to: 1) submit a time schedule to implement Dole's accepted closure plan or submit a revised plan by 31 August 2004; 2) submit proof that a deed restriction had been filed by 17 September 2004; 3) submit a workplan to implement the approved corrective actions by 30 September 2004; and 4) complete closure construction by 1 November 2004. On 31 August 2004, Wild Rose submitted a schedule to clean close the wastewater ponds. Clean closure of the ponds would make the deed restriction unnecessary. On 29 October 2004, Wild Rose submitted a closure plan. Staff s review of the plan found it to be incomplete, and staff requested several revisions. A revised closure plan was submitted on 13 April 2005. Subsequently Wild Rose requested that the revised plan be put on hold.to allow further revisions. As of this date Wild Rose has not submitted a complete closure plan. Therefore, the Dischargers remain in non-compliance with items 2, 3, and 4 of the CAO. ACL Amount In determining the amount of any civil liability pursuant to CWC Section 13350,the Regional Board must take into account the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement,the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay,the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and other matters as justice may require.