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.,.� STAFF REPORT: CONSIDEAe(TION OF AN 3 ADMINISTRATIVE CIVIL LIABILITY ORDER FOR FORMER VICTOR FRUIT FACILITY These factors were considered as follows: Nature and Circumstances The nature of the violation is the failure to comply with the CAO by not completing closure construction by 1 November 2004. In August, Wild Rose's consultant requested a 30 day extension: the request was not approved because staff believed that a sense of urgency and the threat of accruing monetary penalties was necessary to move the process forward. These assumptions proved to be wrong. The circumstances are that soils beneath the ponds and groundwater downgradient of the ponds are contaminated with elevated concentrations of salts. One Discharger, Dole, has submitted a plan to close the ponds as a landfill with a deed restriction prohibiting modification to the cover. The other Discharger,Wild Rose, objects to the deed restriction and will not allow Dole access to the property to close the ponds. In response to the CAO, Wild Rose has submitted its own closure plan calling for clean closure of the ponds, in which case a deed restriction is not necessary. However, Wild Rose will not bear the cost of implementing the closure plan and expects Dole to pay closure costs. The two parties blame the other for the lack of progress and neither is willing to compromise. The dispute has been ongoing since December 2002. Extent The extent of the violation is that as of 15 April 2005,the completion of closure construction was 161 days past due. Gravi Soil and groundwater beneath and downgradient of the ponds have been contaminated with elevated salts from the discharge of salty wastewater to the unlined ponds. Soil under the ponds contain sulfate up to 3,400 mg/kg, and chloride up to 500 mg/kg. Background sulfate and chloride concentrations in soil are approximately 120 mg/kg and 22 mg/kg, respectively. Down-gradient groundwater contains up to 2,400 mg/1 TDS, 690 mg/I sulfate and 330 mg/l chloride. Background TDS, sulfate and chloride concentrations in groundwater are approximately 400, 40, and 10 mg/l respectively. Salts will continue to leach from soils into groundwater until the ponds are closed, resulting in continued loss of groundwater quality. Ability to fav/Continue in Business Dole is a major corporation and can adsorb the cost of this ACLC. Staff understands that as part of the sale agreement Wild Rose is indemnified for any environmental costs. Voluntary Cleanup Efforts Undertaken Both of the Dischargers have acted only after multiple requests and/or threats of enforcement action from staff. There is no history of voluntary cleanup effort from either party.