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s STAFF REPORT,Item 15 -3 - CEASE 3 - CEASE AND DESIST ORDER AND CWC 13308 ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY { These values exceed both the average and maximum DIS loading limits contained in the WDRs. Although there is not a total dissolved solids (TDS) loading limit, it is noted that TDS concentrations range from approximately 2,500 to 5,600 mg/1 during this same period. • The Discharger has failed to plant crops on most of the land application areas. The small areas that 4 have been cropped show severe plant tissue damage. • Wastewater, including that from the storage pond and runoff from the field, routinely enters the surface water drainage which runs through the land application area and adjacent to the processing facility. • Wastewater is applied to land within 100 feet of a surface drainage course. • The application of wastewater is creating offensive odors. Staff have received several complaints from nearby neighbors, and have verified the existence of the odors off-site. • Because Musco's storage pond can contain no more than one day's worth of wastewater, wastewater is applied to land every day, even during rain events. Consequently, wastewater flows off the application areas and into the surface drainage course. r ` • Spills of wastewater at the facility have not been reported to the Regional Board. Therefore, Nlusco is not following the spill reporting requirements of the Standard Provisions of the WDRs. The Discharger is also violating its C&A Order, as discussed in Findings No. 16 through 21 of the proposed C&D Order. To summarize, Musco did not implement the recommendations and proposals described in the technical reports submitted per the C&A, and therefore is still in violation of its WDRs. Additionally,the long term storage/facility improvement pian was not implemented by 1 November 2001. Proposed Cease and Desist Order/California Water Cade Section 13308 Order Staff are asking the Board to consider adoption of a Cease and Desist Order and California Water Code Section 13308 Order because Musco Olives has not complied with its existing WDRs or C&A Order 'r and because it has substantially increased its wastewater flow rate and loading rates over the limits of its existing WDRs. Water Code Section 13308 states that if there is a continuing violation of, among other items, a Cleanup and Abatement Order, then the Board may establish a time schedule and a civil penalty which will become due if compliance is not achieved in accordance with the time schedule. Because the Discharger is in continuing violation of its C&A Order, it is appropriate to establish a time schedule and civil penalty in this proposed Cease and Desist Order. It should be noted that even though the monetary amount of the penalty is listed in the Order, the Discharger is not automatically required to pay this F amount if it is found in violation. The Water Code requires staff to prepare an Administrative Civil Liability Complaint(ACLC) in order to collect any penalties. As usual, the Discharger will have the 4 -