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ADMINISTRATIVE CI011t LIABILITY COMPLAINT N0. R5-2605-0512 -2 - DOLE FRESH VEGETABLES, INC WILD ROSE VINEYARDS LLC FORMER VICTOR FRUIT FACILITY SAN JOAQUINCOUNTY been contaminated with 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 was impacted with up to 2,400 mg/l TDS, 690 mg/1 sulfate and 330 mg/l chloride. Background TDS, sulfate and chloride concentrations in groundwater are approximately 400, 40, and 10 mg/1 respectively. 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. 6. On 8 February 2000 the Regional Board adopted WDRs Order No. 5-00-012 due to an ownership change from Dole to Wild Rose and an operator change from Dole to California Fruit Processors LLC, a lessee of Wild Rose. California Fruit Processors discharged fruit processing brine to the ponds for a single season in 2000. 7. Dole Fruit has accepted responsibly for closing the site because of their long-term discharge to these ponds. 8. Staff concurred on 29 August 2002 with Dole's revised Closure Plan for the ponds and on 6 December 2002 with the plan to cleanup groundwater. The Closure Plan demonstrated that it is infeasible to clean close the ponds and proposed to close them as a landfill. The plan proposes leaving some contaminated soil in place, establishing positive drainage, and capping the pond area with a low permeability cover. In compliance with Title 27 closure requirements, a deed restriction prohibiting any modification to the drainage and cover would be placed on the 1.4 acres containing the closed ponds. 9. On 14 January 2003, Dole informed staff that Mr. Robert Lawson, current owner of.the Victor Fruit site and owner/operator of the Wild Rose Vineyards, is unwilling to allow access to the property for closure construction or to allow any deed restriction that would limit use of the pond area. On 6 February 2003, staff informed Mr. Lawson by letter that as landowner he is liable for the closure of the ponds and remediation of any degradation caused by the ponds. The letter requested that Mr. Lawson either coordinate with Dole to write an acceptable deed restriction or submit his own work plan for closure of the ponds that complies with Title 27. On 13 February 2003 Mr. Lawson responded by letter stating that he was unable to contact Dole and he was unable to make any other arrangements. 10. On 27 May 2003, the Regional Board was copied on a letter from Dole to Mr. Lawson requesting authorization to come on the property and close the ponds on 6 June 2003. Permission to access the property for the purpose of closing the ponds was not forthcoming and the parties were unable to reach agreement to close the.ponds or establish an acceptable deed restriction. 11. On 5 August 2004, the Executive Officer issued CAO No. R5-2004-0714 requiring Dole Fresh Vegetables, Inc. and Wild Rose Vineyards LLC to close the wastewater ponds at the