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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> ACL COMPLAINT NO. R5-2005-0512 <br /> ADMINISTRATIVE CIVIL LIABILITY COMPLAINT <br /> IN THE MATTER OF <br /> DOLE FRESH VEGETABLES, INC. <br /> WILD ROSE VINEYARDS LLC <br /> FORMER VICTOR FRUIT FACILITY <br /> SAN JOAQUIN COUNTY <br /> This Administrative Civil Liability Complaint (hereafter Complaint) is issued to Dole Fresh <br /> Vegetables Inc. and Wild Rose Vineyards LLC (hereafter jointly referred to as Dischargers), <br /> based on findings of violations of Cleanup and Abatement Order(CAO)No. R5-2004-0714 and <br /> provisions of California Water Code Section 13350 that authorize the imposition of <br /> Administrative Civil Liability. <br /> The Executive Officer of the California Regional Water Quality Control Board, Central Valley <br /> Region, (Regional Board) finds,with respect to the Discharger's acts and failure to act,the <br /> following: <br /> 1. The former Victor Frit Facility is a former cherry processing facility near the City of <br /> Victor. The entire site is approximately 11 acres and includes six evaporation/percolation <br /> ponds in an area of approximately 1.4 acres. The facility processed cherries with a sulfur <br /> dioxide/calcium chloride brine solution. <br /> 2. The facility was previously owned and operated by Dole Fresh Vegetables, Inc. (Dole). In <br /> 1999 the entire site,including the ponds, was sold to Wild Rose LLC (Wild Rose). In <br /> 2000, California Fruit Processors LLC leased the ponds for one processing season. Since <br /> 2000 the ponds have not been in use. <br /> 3. When the facility was active as a cherry processor, wash water and used brine solution <br /> were discharged to the six unlined evaporation/percolation ponds and this liquid waste was <br /> then used intermittently to irrigate the company-owned vineyards. <br /> 4. From 1982 to 1992 the facility operated under WDRs Order No. 82-061, as a non-Chapter <br /> 15 facility. In 1992, the Regional Board adopted revised WDRs Order No. 92-154. The <br /> revised WDRs re-classified the wastes as a designated waste, under the criteria in Title 23, <br /> Division 3, Chapter 15, California Code of Regulations (Chapter 15)(now recodified, in <br /> part, in Title 27 California Code of Regulations Division 2), required groundwater <br /> monitoring, and required submittal of a technical report addressing wastewater treatment <br /> proposals. Ultimately, the Discharger treated the wastewater to reduce total dissolved <br /> solids concentrations (TDS) and was allowed to continue to discharge to the unlined ponds. <br /> 5. In November 1999,Dole requested that the wastewater be re-classified as non-designated <br /> waste. In response, staff requested an investigation of the hydrology associated with the <br /> evaporation/percolation ponds. The investigation determined that soil under the ponds had <br />